Bridget Ann O'Neill v Commonwealth Bank of Australia [2013] NSWSC 836
Material type:
TextPublication details: NSW Supreme Court NSWSubject(s): Online resources: Summary: Decision summary
- Bank repossessed premises
- Tenant had FT agmt with LL
- T was given no notice of repossession
- Supreme Court reinstated FT tcy
| Item type | Current library | URL | Status | Notes | |
|---|---|---|---|---|---|
| Decision | tunsw | Access Item | Available | 1995- Swain v Residential Tenancies Tribunal of NSW- Supreme Court |
Legislation cited: Residential Tenancies Act 2010, s3, s81, s121, s122, s124, s125;
Conveyancing Act 1919 s 106;
Residential Tenancies Regulation 2010;
Sheriff Act 2005 s 7A
Issues- REAL PROPERTY - possession of land - application for a declaration that the plaintiff is entitled to occupation of residential premises - plaintiff signed a 3 month residential tenancy agreement over the premises under the Residential Tenancies Act 2010 - the plaintiff's landlord was evicted upon the execution of a writ of possession obtained by the mortgagee - plaintiff had no notice of the planned eviction - plaintiff locked out of the premises - regime for termination of residential tenancy agreements, and recovery of possession, under Parts 5 and 6 of the Residential Tenancies Act 2010 discussed.
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