Belle Corp Equity Pty Ltd v Defined Properties Pty Ltd [2016] NSWSC 1454

Belle Corp Equity Pty Ltd v Defined Properties Pty Ltd [2016] NSWSC 1454

The Defence filed does not disclose any defence to the claim for possession under the mortgage. It is struck out but leave granted to replead; adjournment is allowed to give the Defendant an opportunity to provide evidence in response to the summary judgment motion and to pursue refinancing.

Jurisdiction
Australia
Judgment Date
12 October 2016
Procedural Posture
Civil / Interlocutory Application; Procedural Orders
Outcome
Defence filed 13 July 2016 struck out with leave to replead; adjournment granted; orders made regarding filing and service of amended Defence and evidence.
Legal Topics
['mortgages' 'possession of Land' 'summary Judgment' 'adjournment' 'striking Out Pleadings']
['real Property' 'civil Procedure'] ['mortgages' 'possession of Land' 'summary Judgment' 'adjournment' 'striking Out Pleadings']

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Procedural Posture

Civil / Interlocutory Application; Procedural Orders

Legal Issues

  1. 1 ['Whether the Defence discloses a defence to the claim for possession' 'Whether summary judgment can be granted' 'Whether an adjournment should be granted']

Ratio Decidendi

The Defence filed does not disclose any defence to the claim for possession under the mortgage. It is struck out but leave granted to replead; adjournment is allowed to give the Defendant an opportunity to provide evidence in response to the summary judgment motion and to pursue refinancing.

Court Disposition

Defence filed 13 July 2016 struck out with leave to replead; adjournment granted; orders made regarding filing and service of amended Defence and evidence.

Orders

  • ['Defence filed 13 July 2016 struck out.' 'Any Amended Defence to be filed and served by 26 October 2016.' "Any evidence on which Defendant intends to rely in response to Plaintiff's Notice of Motion for summary judgment to be served by 26 October 2016." 'Proceedings adjourned to 3 November 2016.' 'Notice of Motion...