RHG Mortgage Corporation Ltd v Summerfield [2019] NSWCA 44

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: RHG Mortgage Corporation Ltd v Summerfield [2019] NSWCA 44 Hearing dates: 6 February 2019 Date of orders: 14 March 2019 Decision date: 14 March 2019 Before: Bathurst CJ at [1] Gleeson JA at [2] Brereton JA at [3] Decision: Appeal dismissed, with costs. Catchwords: MORTGAGES AND SECURITIES – mortgages – mortgagee's duties, rights and remedies – entitlement to possession – whether default established – effect of requirement for notice under National Credit Code – whether mortgagee can rely on a default not referred to in default notice.

CONTRACTS – terms – construction – whether "condition" was a condition of retaining possession or a contractual obligation.

EVIDENCE – proof – evidentiary certificates – minimum requirements. Legislation Cited: National Credit Code (Cth), s 88 Real Property Act 1900 (NSW), s 57(2)(b) Cases Cited: RHG Mortgage Corporation Ltd v Summerfield [2018] NSWSC 972 RHG Mortgage Corporation Ltd v Summerfield [2016] NSWSC 1595 Category: Principal judgment Parties: RHG Mortgage Corporation Limited (Appellant) Brian John Summerfield (First Respondent) Catherine May Summerfield (Second Respondent) Representation: Counsel: M W Young SC (Appellant) DC Eardley (Respondents)

Solicitors: Dentons Australia (Appellant) Jane Button & Associates Pty Ltd (Respondents) File Number(s): 2018/229855 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2018] NSWSC 972 Date of Decision: 29 June 2018 Before: Garling J File Number(s): 2015/52745