Spencer v Bamber

[2012] NSWCA 274

NSW Court of Appeal

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Interrogate

Catchwords

1. Real Property
2. › Mortgages
3. › Foreclosure
4. › Service of notices
5. › Notice of intention to apply for foreclosure
6. › Whether notice 'served on' mortgagor where it came to attention via email
7. › Real Property Act 1900 (NSW), s 61(2)(d)
8. › Conveyancing Act 1919 (NSW), s 170
1. Practice and Procedure
2. › Judgments and orders
3. › Amendment of extempore reasons
4. › Extent to which amendments permissible after delivery of oral reasons
5. › Whether additions of substance permitted
6. › Whether order not sought by either party may be added
1. Practice and Procedure
2. › Bias
3. › Apprehended bias
4. › Actual bias
5. › Whether remarks by trial judge in course of proceedings and in revised reasons gave rise to bias
6. › Whether cumulative effect of adverse rulings relevant
1. Evidence
2. › Proof of documents
3. › Electronic communications
4. › Whether email with attachment constitutes service of notice in writing

Quick Take

A notice of intention to apply for foreclosure under s 61(2)(d) of the Real Property Act 1900 is 'served on' the mortgagor when it comes to the mortgagor's attention by any means, including via email attachment forwarded by the mortgagor's solicitor. The legislatively enumerated methods of service in s 170 of the Conveyancing Act 1919 increase rather than limit the ways service can be effected. Amendments to extempore reasons are limited to matters clearly in the judge's mind at the time or editorial/stylistic changes; an order not sought by either party, added after delivery of reasons, must be set aside for breach of procedural fairness.