CEG Securities Pty Ltd v Pajtas Pty Ltd [2024] NSWSC 1031

CEG Securities Pty Ltd v Pajtas Pty Ltd [2024] NSWSC 1031

The defendants failed to provide any evidence in opposition to the plaintiff's claim and the only substantive defence, lack of independent legal advice, was contradicted by certificates signed by the defendants and solicitor. The defence was unarguable; plaintiff entitled to summary judgment for possession.

Jurisdiction
Australia
Judgment Date
16 August 2024
Procedural Posture
Proceedings for Possession of Land and Summary Judgment / Summary Judgment and Orders
Outcome
Summary judgment for possession of the property in favour of the plaintiff; costs orders; leave to issue writ of possession; directions for further proceedings.
Legal Topics
['possession of Land' 'default Under Loan Agreement' 'mortgage Enforcement' 'summary Judgment' 'guarantors Liability']
['land Law' 'civil Procedure'] ['possession of Land' 'default Under Loan Agreement' 'mortgage Enforcement' 'summary Judgment' 'guarantors Liability']

Case Brief

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Procedural Posture

Proceedings for Possession of Land and Summary Judgment / Summary Judgment and Orders

Legal Issues

  1. 1 ['Whether plaintiff is entitled to possession of the land following default under loan agreement and mortgage' "Whether defendants' defences raise any arguable case against summary judgment" 'Whether proper independent legal advice was provided to guarantors']

Ratio Decidendi

The defendants failed to provide any evidence in opposition to the plaintiff's claim and the only substantive defence, lack of independent legal advice, was contradicted by certificates signed by the defendants and solicitor. The defence was unarguable; plaintiff entitled to summary judgment for possession.

Court Disposition

Summary judgment for possession of the property in favour of the plaintiff; costs orders; leave to issue writ of possession; directions for further proceedings.

Orders

  • ['Judgment for the Plaintiff for possession of the land described in folio identifier 15/29099 and known as XX Cronin Street Penrith NSW 2750.' 'Leave is granted to the Plaintiff to issue a writ of possession in respect of the Property such writ not to be executed before 30 September 2024.' 'The Second and Third...