Balanced Securities Ltd v Owston Nominees No 2 Pty Ltd (Receivers and Managers appointed)(in liquidation) [2011] NSWSC 1230

Balanced Securities Ltd v Owston Nominees No 2 Pty Ltd (Receivers and Managers appointed)(in liquidation) [2011] NSWSC 1230

The plaintiff is entitled to possession of the property as mortgagor is in default, requisite notices have been served on all occupiers, any alleged tenancy has been terminated or disclaimed, and there is no substantive opposition. Orders for possession are granted accordingly.

Jurisdiction
Australia
Judgment Date
10 October 2011
Procedural Posture
Possession Proceedings / Judgment
Outcome
Judgment for the plaintiff against the defendants for possession of the lands the subject of these proceedings.
Legal Topics
['mortgage' 'possession of Land' 'bankruptcy' 'loan Default']
['equity' 'commercial'] ['mortgage' 'possession of Land' 'bankruptcy' 'loan Default']

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Procedural Posture

Possession Proceedings / Judgment

Legal Issues

  1. 1 ['Whether plaintiff is entitled to possession of the mortgaged property' 'Whether first defendant is in default under the loan facility agreement and as mortgagor' 'Whether necessary notices were served on occupiers' 'Effect of bankruptcy and disclaimer on alleged tenancy']

Ratio Decidendi

The plaintiff is entitled to possession of the property as mortgagor is in default, requisite notices have been served on all occupiers, any alleged tenancy has been terminated or disclaimed, and there is no substantive opposition. Orders for possession are granted accordingly.

Court Disposition

Judgment for the plaintiff against the defendants for possession of the lands the subject of these proceedings.

Orders

  • ['Order for possession of the property known as Fernhill in Penrith, New South Wales, in favour of the plaintiff' 'Leave for the issue of a writ of possession' 'Order for substitution of trustees in bankruptcy as fourth defendants' 'Ancillary orders per the short minutes of order dated 10 October 2011']