Australia and New Zealand Banking Group Limited v Akle [2014] NSWSC 1314

Australia and New Zealand Banking Group Limited v Akle [2014] NSWSC 1314

In circumstances where the defendants do not consent to nor oppose possession, have gone into bankruptcy or been deregistered, and the debt remains unpaid, the plaintiff is entitled to possession and dismissal of the cross-claim.

Jurisdiction
Australia
Judgment Date
22 September 2014
Procedural Posture
Application for Possession of Property / Judgment
Outcome
Application granted
Legal Topics
['application for Possession' 'bankruptcy' 'cross Claim Dismissal']
['property Law'] ['application for Possession' 'bankruptcy' 'cross Claim Dismissal']

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Procedural Posture

Application for Possession of Property / Judgment

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to orders for possession of the property' "Whether the first defendant's cross-claim should be dismissed"]

Ratio Decidendi

In circumstances where the defendants do not consent to nor oppose possession, have gone into bankruptcy or been deregistered, and the debt remains unpaid, the plaintiff is entitled to possession and dismissal of the cross-claim.

Court Disposition

Application granted

Orders

  • ["First defendant's cross-claim dismissed with no order as to costs." 'Judgment against the first and second defendants for possession of the land the subject of the proceedings.' 'Leave to issue a writ of possession in respect of the property.']