Belle Corp Equity Pty Ltd v Defined Properties Pty Ltd (No. 2) [2016] NSWSC 1564

Belle Corp Equity Pty Ltd v Defined Properties Pty Ltd (No. 2) [2016] NSWSC 1564

In the absence of a defence to the claim for possession and after a previous adjournment for refinancing, the plaintiff is entitled to judgment for possession of the land; further adjournment was not justified.

Jurisdiction
Australia
Judgment Date
03 November 2016
Procedural Posture
Possession Claim (real Property, Mortgage) / Final Judgment/order
Outcome
Judgment for the plaintiff for possession of the land, with execution stayed until 16 December 2016.
Legal Topics
['mortgages' 'possession of Land' 'adjournment' 'default Judgment']
['real Property' 'civil Procedure'] ['mortgages' 'possession of Land' 'adjournment' 'default Judgment']

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Procedural Posture

Possession Claim (real Property, Mortgage) / Final Judgment/order

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to possession of the mortgaged land due to default in repayment under the loan agreement' 'Whether there is any defence to the possession claim' 'Whether a further adjournment should be granted to allow refinancing']

Ratio Decidendi

In the absence of a defence to the claim for possession and after a previous adjournment for refinancing, the plaintiff is entitled to judgment for possession of the land; further adjournment was not justified.

Court Disposition

Judgment for the plaintiff for possession of the land, with execution stayed until 16 December 2016.

Orders

  • ['Judgment for the Plaintiff for possession of the whole of the land described in folio identifier 41/SP77109 being the land situated at and known as A5/24-32 Lexington Drive, Bella Vista NSW in the State of New South Wales.' 'Execution of writ of possession stayed until Friday, 16 December 2016.']