Greater Bank Limited v The Official Trustee in Bankruptcy and Marteene [2017] NSWSC 1496

Greater Bank Limited v The Official Trustee in Bankruptcy and Marteene [2017] NSWSC 1496

The Supreme Court of NSW has jurisdiction under the Jurisdiction of Courts (Foreign Land) Act 1989 (NSW) to grant default judgment for possession of land in Queensland to the plaintiff bank. It is appropriate to exercise that jurisdiction.

Jurisdiction
Australia
Judgment Date
26 October 2017
Procedural Posture
Mortgage Possession / Default Judgment
Outcome
Default judgment for possession granted to plaintiff; costs order against second defendant except for today's motion.
Legal Topics
['mortgage' 'possession of Land' 'jurisdiction—foreign Land' 'default Judgment']
['real Property'] ['mortgage' 'possession of Land' 'jurisdiction—foreign Land' 'default Judgment']

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Procedural Posture

Mortgage Possession / Default Judgment

Legal Issues

  1. 1 ['Whether Supreme Court of NSW has jurisdiction to order possession of land situated in Queensland.' 'Whether default judgment for possession should be entered against registered proprietor and Official Trustee in Bankruptcy.']

Ratio Decidendi

The Supreme Court of NSW has jurisdiction under the Jurisdiction of Courts (Foreign Land) Act 1989 (NSW) to grant default judgment for possession of land in Queensland to the plaintiff bank. It is appropriate to exercise that jurisdiction.

Court Disposition

Default judgment for possession granted to plaintiff; costs order against second defendant except for today's motion.

Orders

  • ['Judgment for the plaintiff for possession of the land comprised in Certificate of Title Folio Identifier XXXXXXX land situated at and known as XX XXXXXXX XXXXXXX in the State of Queensland.' "The second defendant is to pay the plaintiff's costs of the proceedings excluding the costs of and incidental to the motion...