Turner v Universal Home Loans [2005] NSWSC 834

Turner v Universal Home Loans [2005] NSWSC 834

Assuming leave is necessary, it is appropriate to grant leave to proceed against the plaintiff company, Mortgage Elimination Services Pty Limited, in the security for costs application, given its insolvency, the deed of assignment, and the interests of protecting the defendants on costs.

Parties
First Plaintiff: Warren Donald Turner; Second Plaintiff: Mortgage Elimination Services Pty Limited; First Defendant: Universal Home Loans Pty Limited; Second Defendant: Jay McNabb; Third Defendant: Cherie Catherine McNabb
Jurisdiction
Australia
Judgment Date
15 August 2005
Procedural Posture
Application for Leave to Proceed Against a Company in Administration / Hearing and Ex Tempore Judgment
Outcome
Leave granted to proceed against Mortgage Elimination Services Pty Limited on the assumption that leave is necessary.
Legal Topics
Company Administration, Leave to Proceed, Security for Costs
Corporations Company Administration Leave to Proceed Security for Costs

Case Brief

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Parties

Warren Donald Turner

First Plaintiff

Mortgage Elimination Services Pty Limited

Second Plaintiff

Universal Home Loans Pty Limited

First Defendant

Jay McNabb

Second Defendant

Cherie Catherine McNabb

Third Defendant

Procedural Posture

Application for Leave to Proceed Against a Company in Administration / Hearing and Ex Tempore Judgment

Legal Issues

  1. 1 Whether leave is required to proceed against a plaintiff company in administration for a security for costs application
  2. 2 Whether it is appropriate to grant leave in these circumstances

Ratio Decidendi

Assuming leave is necessary, it is appropriate to grant leave to proceed against the plaintiff company, Mortgage Elimination Services Pty Limited, in the security for costs application, given its insolvency, the deed of assignment, and the interests of protecting the defendants on costs.

Court Disposition

Leave granted to proceed against Mortgage Elimination Services Pty Limited on the assumption that leave is necessary.

Orders

  • Leave granted to proceed with the security for costs application against MES.