National Australia Bank Limited v Dobbie

National Australia Bank Limited (the applicant) applied for orders for possession of two properties from the respondents, being the registered proprietors of the properties, the lessee of one of the properties, and the receivers and managers of that property. The applicant was the mortgagee of both properties, which were security for a loan agreement. The applicant had issued a Default Notice to the registered proprietors of the properties but was not notified of the lease of one of the properties. The court was required to determine whether the applicant could recover possession of the first property from the registered proprietors and the lessee and whether the applicant could recover possession of the second property from the registered proprietors.

The court held that the applicant could recover possession of both properties. The court noted that the applicant was entitled to rely on the Default Notice served on the registered proprietors, who were jointly and severally liable under the loan agreement. The court also held that the applicant could recover possession from the lessee of the first property as the applicant was not aware of the lease at the time the Default Notice was issued. The court further held that the applicant could recover possession of the second property from the registered proprietors as the applicant was not aware of the lease of the first property at the time the Default Notice was issued. The court ordered that the applicant recover possession of both properties from the respondents and that the respondents deliver up possession by specified dates. The court also ordered that the respondents pay the applicant's costs of the proceeding.