In this matter NAB sought judgment for possession. The borrower resisted on the grounds that the s57(2)(b) notice was incorrect. Deciding in the lender’s favour the court held that if there was an error it would make no difference as a s57(2)(b) notice was not required before a claim for possession is commenced.
Bransgroves Lawyers warns that if the loan is governed by the Consumer Credit Code serving a s80 notice is a prerequisite to commencing possession proceedings. Bransgroves Lawyers are experts on the various notices that have to be served in relation to mortgages. Indeed, Matthew Bransgrove wrote a book on the subject The Essential Guide to Mortgage Law in NSW. If you have any questions in relation to notices, do not hesitate to telephone Matthew to ask him questions.