ING Bank Australia Ltd v Bucknell (No. 2) [2016] NSWSC 1356

ING Bank Australia Ltd v Bucknell (No. 2) [2016] NSWSC 1356

No defence is disclosed to the claim as the Defendants were in default of the agreement, loan, and mortgage. There was no estoppel as pleaded, and the Plaintiff's evidence clearly establishes default. Plaintiff is entitled to judgment for possession and debt.

Jurisdiction
Australia
Judgment Date
23 September 2016
Procedural Posture
Summary Judgment Application / Final Judgment
Outcome
Judgment for the Plaintiff
Legal Topics
['possession of Land' 'mortgages' 'default' 'estoppel' 'summary Judgment']
['real Property' 'civil Procedure'] ['possession of Land' 'mortgages' 'default' 'estoppel' 'summary Judgment']

Case Brief

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Procedural Posture

Summary Judgment Application / Final Judgment

Legal Issues

  1. 1 ['Whether default occurred under the mortgage' 'Whether estoppel prevents mortgagee from enforcing the mortgage' 'Whether the defendants relied to their detriment on representations by the plaintiff']

Ratio Decidendi

No defence is disclosed to the claim as the Defendants were in default of the agreement, loan, and mortgage. There was no estoppel as pleaded, and the Plaintiff's evidence clearly establishes default. Plaintiff is entitled to judgment for possession and debt.

Court Disposition

Judgment for the Plaintiff

Orders

  • ['Judgment for the Plaintiff for possession of the whole of the land comprised in folio identifier 724/1075905, 57 Jackey Drive, Camden Park, NSW.' 'Judgment for the Plaintiff in the sum of $890,265.33.' "The Defendants are to pay the Plaintiff's costs." 'Leave to the Plaintiff to issue a writ of possession not to...