National Australia Bank Limited v Sayed [2019] NSWSC 653

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Limited v Sayed [2019] NSWSC 653 Hearing dates: 30 April, 1, 2, 3, 4, 7 May 2018, submissions closed 14 May 2018 Decision date: 25 June 2019 Jurisdiction: Common Law Before: McCallum J Decision: 1. The cross-claim is dismissed. 2. The cross-claimant is to pay the cross-defendant's costs. Catchwords: MORTGAGES AND SECURITIES – mortgages – duties, rights and remedies of mortgagee – power of sale – fiduciary duty of mortgagee in possession exercising power of sale – whether bank breached its duty to mortgagor during sale of the mortgaged property Legislation Cited: Conveyancing Act 1919 (NSW), ss 111A,111A(7) Corporations Act 2001 (Cth), s 420A Real Property Act 1900 (NSW), s 57(2)(b) Cases Cited: Cuckmere Brick Co Limited v Mutual Finance Ltd [1971] 2 WLR 1207 National Australia Bank v Sayed (No 10) [2018] NSWSC 108 National Australia Bank v Sayed (No 6) [2016] NSWSC 1253 Pendlebury v Colonial Mutual Life Assurance Society Limited (1912) 13 CLR 676; [1912] HCA 9 Stockl v Rigura Pty Ltd (2004) BPR 23,151; [2004] NSWCA 73 Ultimate Property Group Pty Ltd v Lord (2004) 60 NSWLR 646; [2004] NSWSC 114 Category: Principal judgment Parties: National Australia Bank Limited (plaintiff/cross-defendant) Bilal Sayed (defendant/cross-claimant) Representation: Counsel: G Lucarelli (plaintiff/cross-defendant) Defendant/cross-claimant self-represented