Costa Asset Management Pty Ltd v Mansour [2020] NSWSC 520

Costa Asset Management Pty Ltd v Mansour [2020] NSWSC 520

Having regard to the correspondence and evidence before RA Hulme J, the orders required the defendants to remove anything else remaining on the property before they would have complied with Order 2 and before they became entitled under Order 4 to remove the four Bentleys and the Corvette.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 May 2020
Procedural Posture
Procedural and Other Ruling in Common Law Proceedings Concerning Mortgagee in Possession and Removal of Personal Property / Post Orders Dispute Concerning the Meaning and Operation of Orders Made on 24 April 2020; Parties Directed to Bring in Short Minutes of Order
Outcome
Parties directed to bring in short minutes of order
Legal Topics
['mortgagee in Possession' 'removal of Personal Property From Mortgaged Property' 'construction of Court Orders' 'power of Sale' 'chattels and Motor Vehicles']
['mortgages and Securities' 'civil Procedure' 'property Law'] ['mortgagee in Possession' 'removal of Personal Property From Mortgaged Property' 'construction of Court Orders' 'power of Sale' 'chattels and Motor Vehicles']

Source-derived case record

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Procedural Posture

Procedural and Other Ruling in Common Law Proceedings Concerning Mortgagee in Possession and Removal of Personal Property / Post Orders Dispute Concerning the Meaning and Operation of Orders Made on 24 April 2020; Parties Directed to Bring in Short Minutes of Order

Legal Issues

  1. 1 ['What was meant by the words "all of their personal property, motor vehicles and other equipment" in Orders 1, 2 and 4 made on 24 April 2020.' 'Whether the defendants were entitled to remove the four Bentley sedans and the Chevrolet Corvette before removing the remaining miscellaneous chattels from the Galston property.']

Ratio Decidendi

Having regard to the correspondence and evidence before RA Hulme J, the orders required the defendants to remove anything else remaining on the property before they would have complied with Order 2 and before they became entitled under Order 4 to remove the four Bentleys and the Corvette.

Court Disposition

Parties directed to bring in short minutes of order

Orders

  • ["The parties were invited to bring in short minutes of order to give effect to the reasons, taking account of the defendants' ability to comply with Order 2 and the time they may need to do so."]