Bengour Pty Ltd v Figtree [2020] NSWSC 1143

Bengour Pty Ltd v Figtree [2020] NSWSC 1143

The defendants failed to pay interest, which constituted an Event of Default under the mortgage. No defence or cross-claim raised any triable issue or reasonable defence. Consequently, summary judgment and orders for possession against the defendants were granted.

Parties
Plaintiff: Bengour Pty Ltd; First Defendant: Grant Richardson Figtree; Second Defendant: Rose Marie Veronica Figtree
Jurisdiction
Australia
Judgment Date
27 August 2020
Procedural Posture
Civil / Summary Judgment
Outcome
summary judgment for plaintiff, defence struck out, possession orders, costs to plaintiff
Legal Topics
Possession of Land, Default on Mortgages, Striking Out of Pleadings, Summary Dismissal, Unconscionable Conduct, Misleading or Deceptive Conduct
Land Law Civil Procedure Possession of Land Default on Mortgages Striking Out of Pleadings Summary Dismissal Unconscionable Conduct Misleading or Deceptive Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Bengour Pty Ltd

Plaintiff

Grant Richardson Figtree

First Defendant

Rose Marie Veronica Figtree

Second Defendant

Procedural Posture

Civil / Summary Judgment

Legal Issues

  1. 1 Whether defence or proposed amended defence disclosed a reasonable defence to claim for possession
  2. 2 Whether mortgagee entitled to possession
  3. 3 Whether summary judgment should be ordered

Ratio Decidendi

The defendants failed to pay interest, which constituted an Event of Default under the mortgage. No defence or cross-claim raised any triable issue or reasonable defence. Consequently, summary judgment and orders for possession against the defendants were granted.

Court Disposition

summary judgment for plaintiff, defence struck out, possession orders, costs to plaintiff

Orders

  • The defence filed by the first and second defendants on 13 May 2020 is struck out.
  • Summary judgment for the plaintiff against the first defendant for possession of the Moss Vale land.