Hubner v ANZ

[1999] QCA 161

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Default judgment
3. › Recovery of possession of land
4. › Whether writ specially endorsed under Order 6 Rule 7 or Order 6 Rule 11
5. › Whether Registrar had power to enter default judgment
6. › Rules of the Supreme Court (Qld), O 6 rr 7, 11, 11B; O 31 r 7
1. Real Property
2. › Mortgages
3. › Registered mortgagee's right to possession
4. › Action for ejectment against defaulting mortgagor
5. › Whether mortgagee may proceed under general recovery of possession rule
6. › Whether Land Title Act 1994 (Qld) s 78 altered pre-existing rights
7. › Land Title Act 1994 (Qld), s 78
8. › Real Property Act 1861 (Qld), s 60
1. Practice and Procedure
2. › Setting aside default judgment
3. › Irregularity
4. › Whether judgment irregularly or improperly obtained
5. › Application to set aside ex debito justitiae

Quick Take

A registered mortgagee seeking possession of land from a defaulting mortgagor may proceed under Order 6 Rule 7 (general recovery of possession) rather than being confined to Order 6 Rule 11 (mortgagee-specific relief), and may obtain default judgment through the Registrar under Order 31 Rule 7 without the need for leave of the court. Section 78 of the Land Title Act 1994 (Qld) did not alter this position from the former section 60 of the Real Property Act 1861.

Case Details

Citation[1999] QCA 161

CourtQCA

JurisdictionQueensland

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Cited by1

2000Permanent Trustee Company Ltd v von Risefer & AnorQSC 164

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