NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Westpac Banking Corporation v D'Ambrosi [2018] NSWSC 1542 Hearing dates: 12 October 2018 Date of orders: 12 October 2018 Decision date: 12 October 2018 Jurisdiction: Common Law Before: Davies J Decision: 1. Defence filed 24 August 2018 struck out.
2. Judgment for the plaintiff for possession of the land comprised in Certificate of Title Folio Identifier 3/SP69772 being the land situated at and known as Unit 3/48 Colin Street, Lakemba in the State of New South Wales.
3. Leave to issue a writ of possession to enforce judgment of the Court. Writ not to be executed before 23 November 2018.
4. Defendant to pay the Plaintiff's costs of the proceedings Catchwords: LAND LAW – possession of land – mortgages – default – whether Defence discloses any defence to the claim – where defendant seeks time to repay – promise of money from relatives and new earning capacity - no evidence to support alleged sources of finance – defence struck out – default judgment entered Legislation Cited: National Credit Code Real Property Act 1900 (NSW) Category: Procedural and other rulings Parties: Westpac Banking Corporation (Plaintiff) Robert D'Ambrosi (Defendant) Representation: Counsel: D Elliot (Plaintiff) In person (Defendant)
Solicitors: Minter Ellison (Plaintiff) Self-represented (Defendant) File Number(s): 2018/244924 Publication restriction: Nil
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