National Australia Bank Ltd v Charlton; Charlton v The General Manager, NSW Rural Assistance Authority (No 5) [2020] NSWSC 283

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Ltd v Charlton; Charlton v The General Manager, NSW Rural Assistance Authority (No 5) [2020] NSWSC 283 Hearing dates: On the papers Date of orders: 23 March 2020 Decision date: 23 March 2020 Jurisdiction: Common Law Before: Walton J Decision: 2015/27843

(1) Judgment for NAB against Ms Charlton for the whole of the land comprised in the Certificate of Title, Folio Identifier 22/724651 and known as 'Oriel' Shannonvale Road, Five Ways (also known as 'Oriel' Tottenham) in the State of New South Wales.

(2) Leave to NAB to issue a writ of possession to enforce the judgment in 1 above.

(3) Judgment for NAB against Ms Charlton in the sum of $1,838,388.

(4) Ms Charlton to pay NAB's costs of the statement of claim.

(5) The cross-claim be dismissed.

(6) Ms Charlton and Mr O'Brien to pay NAB's costs of the cross-claim.

2016/122304

(1) The summons be dismissed.

(2) Ms Charlton and Mr O'Brien to pay NAB's costs of the proceedings. Catchwords: REAL PROPERTY – farm debt – possession of land –default under farm mortgage – judgment for debt – calculation of debt – leave to issue writ of possession – cross-claim dismissed – costs – orders

ADMINISTRATIVE LAW – judicial review – application dismissed – costs – orders Legislation Cited: Civil Procedure Act 2005 (NSW) Farm Debt Mediation Act 1994 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: National Australia Bank Ltd v Charlton; Charlton v The General Manager, NSW Rural Assistance Authority [2018] NSWSC 157 National Australia Bank Ltd v Charlton; Charlton v The General Manager, NSW Rural Assistance Authority (No 2) [2018] NSWSC 969 National Australia Bank Ltd v Charlton; Charlton v The General Manager, NSW Rural Assistance Authority (No 3) [2018] NSWSC 970 National Australia Bank Ltd v Charlton; Charlton v The General Manager, NSW Rural Assistance Authority (No 4) [2019] NSWSC 1477 Category: Principal judgment Parties: 2015/27843 National Australia Bank Ltd (Plaintiff / Cross-Defendant) Josephine Joan Charlton in her own capacity and as trustee for the Phoenix Trust (Defendant / First Cross-Claimant) Kevin Michael O'Brien (Second Cross-claimant)