Suncorp-Metway v Nam Property Holdings [2010] NSWSC 1078

The lender, who was represented by a large firm, pleaded the service and non-compliance with a s57(2)(b) notice (as large firms feel compelled to do). The borrower sought to raise a defence based on the invalidity of the notice as it claimed the principal (accelerated) when there was no existing power of sale. The judge noted the issue was irrelevant to the proceedings for possession (and should therefore not have been pleaded by either side). Section 57(2)(b) notices are only relevant to the power of sale and claims for unexpired principal.

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