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Mortgage repossessions and the time periods for defended matters

Tuesday, July 10, 2012 - Posted by Philip Harvey

The time periods involved in mortgage repossessions may come as a surprise to many for defended NSW Supreme Court Possession of Land matters.
 
Case 1: St George Bank v Udowenko and Ors
Legal Action was initiated in 2003, Writ of restitution obtained November 2010
A defence was launched, after numerous applications and adjournments, the Plaintiff was put into possession in November 2008. Shortly after the defendants re-occupied the land. With the defendants refusing to vacate the premises, the Plaintiff sought a writ of restitution to regain and maintain possession of the Land, . (The police would not remove the defendants as they had no jurisdiction without a writ of restitution).
The full case can be read here; St George Bank v Udowenko and Ors

Case 2: JP Morgan Trust Australia Limited v Hammond
Legal action was initiated in April 2008, Judgment was granted April 2012 (with leave to issue a Writ for Possession)
A cross claim was made, and a defence was launched by the Defendant.
The full case can be read here; JP Morgan Trust Australia Limited v Hammond

Case 3: RHG Mortgage Corporation Ltd v Astolfi
Legal action was initiated in June 2011, Judgment was granted December 2011, with leave to issue a Writ for Possession in February 2012.
In what is the most straight forward of these examples, it took 9 months to reach a point where a Writ for Possession could be issued (then requiring the Sheriff to secure the premises). 3 defences were launched, and were struck out. The first because it did not disclose any defence known to the law. Adjournments were also sought by the defendant, and the defendant was not represented.
The full case can be read here; RHG Mortgage Corporation Ltd v Astolfi

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