McLeod v McLeod [2019] NSWSC 804

Supreme Court New South Wales

Medium Neutral Citation: McLeod v McLeod [2019] NSWSC 804 Hearing dates: 19-21 June 2019 Date of orders: 05 July 2019 Decision date: 05 July 2019 Jurisdiction: Common Law Before: Fagan J Decision: Leave granted to issue writ of execution - judgment for the plaintiff Catchwords: MORTGAGES AND SECURITIES — mortgages — duties, rights and remedies of mortgagee —repayment – possession – whether mortgage sufficiently specifies mortgagee's interest in the land –mortgage adequately specified interest – consideration given for promise to repay loan earlier advanced – plaintiff entitled to possession of land – leave granted to issue writ of execution

CONTRACTS — formation — consideration — adequacy of consideration – whether contract unjust for purposes of s 9(1) of the Contracts Review Act – whether representations gave rise to promissory estoppel – defendant not induced by representations or conduct and suffered no detriment by reliance – no relief granted – litigated with exhaustive attention to wide range of factual and legal questions – view formed on sufficient issues to permit disposition – wasteful of court resources for further analysis of plaintiff's alternative case Legislation Cited: Contracts Review Act 1980 (NSW) Conveyancing Act 1919 (NSW) Real Property Act 1900 (NSW) Cases Cited: Chandra v Perpetual Trustees Victoria Ltd [2007] NSWSC 694 Chaudhary v Chaudhary [2017] NSWCA 222 Egan v Egan [2018] NSWSC 202 Perpetual Trustee Company Ltd v Khoshaba [2006] NSWCA 41 Perpetual Trustees Victoria Limited v English [2010] NSWCA 32 Provident Capital Ltd v Printy [2008] NSWCA 131 PT Garuda Indonesia Ltd v Grellman (1992) 35 FCR 515 PT Limited v Maradona Pty Limited (1992) 25 NSWLR 643 Sabah Yazgi v Permanent Custodians Limited [2007] NSWCA 240 Small v Tomassetti [2001] NSWSC 1112 Wigan v Edwards (1973) 1 ALR 497 Category: Principal judgment Parties: Janet McLeod (plaintiff) James McLeod (defendant) Representation: Counsel: C Moschoudis (plaintiff) S Kaur-Baines with SJ Hallahan (defendant)