Westpac Banking Corporation Ltd v Macabil Pty Ltd (No 2) [2020] NSWSC 436

Supreme Court New South Wales

Medium Neutral Citation: Westpac Banking Corporation Ltd v Macabil Pty Ltd (No 2) [2020] NSWSC 436 Hearing dates: 23 April 2020 Date of orders: 23 April 2020 Decision date: 23 April 2020 Jurisdiction: Common Law Before: Davies J Decision: 1. Judgment for the plaintiff, Westpac Banking Corporation ACN 007 457 141, for possession of the land comprised in Certificate of Title Folio Identifier 8/SP84261 being the land situated at and known as 8/5 Dixon Place Lismore NSW 2480.

2. The Defendant is to pay the plaintiff's costs of the proceedings. Catchwords: LAND LAW – possession of land – mortgages – default – whether defence discloses any defence to the claim– dispute concerning the amount payable – where plaintiff seeks possession of land not monetary judgment – where money is owed on the loan agreement notwithstanding – where no defence to claim – summary judgment entered

CIVIL PROCEDURE – service – whether effected – where registered office not attended – where business runs own risk of not receiving notice Legislation Cited: Corporations Act 2001 (Cth) ss 109X, 601AD, 601AH National Credit Code s 88 Real Property Act 1900 (NSW) s 57 Cases Cited: Agar v Hyde (2000) 201 CLR 552 Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Spencer v The Commonwealth (2010) 241 CLR 118; [2010] HCA 28 Westpac Banking Corporation Ltd v Macabil Pty Ltd [2020] NSWSC 176 Category: Procedural and other rulings Parties: Westpac Banking Corporation Limited (Plaintiff) Macabil Pty Ltd (Defendant) Representation: Counsel: L Hatton (Plaintiff) B Nott (by leave) (Defendant)