Australia and New Zealand Banking Group Limited v Giannaklis [2019] NSWSC 32

Supreme Court New South Wales

Medium Neutral Citation: Australia and New Zealand Banking Group Limited v Giannaklis [2019] NSWSC 32 Hearing dates: 31 January 2019 Date of orders: 31 January 2019 Decision date: 31 January 2019 Jurisdiction: Common Law Before: Davies J Decision: 1. Judgment for the plaintiff for possession of the land comprised in Certificate of Title Folio Identifier 86/16011, being the land situated at and known as 4 King Street, Eastlakes, New South Wales.

2. Judgment for the plaintiff in respect of the claim on the home loan in the sum of $623,244.19.

3. Leave to the plaintiff to issue a writ to enforce the judgment of the Court, such writ not to be executed before 1 April 2019.

4. Any amended defence by the defendant is to be filed and served by 14 February 2019.

5. Any further evidence in support of the defence is to be served by 14 March 2019. Any evidence not served by that date will not be permitted to be relied upon at the final hearing.

6. Any evidence in reply by the plaintiff is to be served by 11 April 2019.

7. The matter is fixed for hearing on 23 April 2019 with an estimate of two days. Catchwords: MORTGAGES AND SECURITIES - mortgages - duties, rights and remedies of mortgagee - possession – summary judgment – where no defence shown – principle in Collier v Morlend Finance – where whole of loan used to pay out prior mortgagee Legislation Cited: Contracts Review Act 1980 (NSW) Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) r 14.28 National Credit Code s 88 Cases Cited: Collier v Morlend Finance Corporation (Victoria) Pty Ltd (1989) 6 BPR 97,462; [1989] ANZ Conv R 515 First Mortgage Managed Investments Pty Limited v Pittman [2014] NSWCA 110 Texts Cited: Nil Category: Procedural and other rulings Parties: Australia and New Zealand Banking Group Limited (Plaintiff) Peter Giannaklis (Defendant) Representation: Counsel: N Bender (Plaintiff) J Vizzone (Defendant)