Australia’s largest bank has been denied re-possession of a Boronia Heights home that it had hoped to sell to cover the homeowner’s $300,000 debt.

The ruling published yesterday reveals that a court was not prepared to accept that CBA’s failure to properly serve court papers on owner, Ian Morrisby and tenant Chloe Taylor, was a “mere irregularity”.

The bank obtained its judgment in January and in early April it started the action to remove the occupants.

The District Court in Brisbane ruled that the failure to serve documents with at least 10 days notice, when considered along side “other deficiencies” was enough to warrant dismissal of the bank’s application.

CBA had failed to serve another necessary party, Leanne Hicks – who maintained the Thurso Court property in lieu of rent – and who if not a tenant, was at least an “occupant” for whom “procedural fairness” must also be accorded.

Since Christmas 2012, Commonwealth Bank has filed more than 300 “recovery of possession of land” writs against its customers in the Brisbane, Maryborough, Hervey Bay, Beenleigh, Townsville, Ipswich,  Rockhampton and Maroochydore courts.

Commonwealth Bank of Australia v Morrisby [2013] QDC 107 Brisbane Horneman-Wren SC DCJ published 14/5/2013


Do you have any questions?

If you have a question, seeking more information or would just like to speak to someone, make an enquiry now and we’ll be in touch with you.

Online Now

Welcome to QLD Business + Property Lawyers! I'm here to assist with enquiries and gather details. How can I help today?