Costa Asset Management Pty Ltd v Mansour [2020] NSWSC 449

Costa Asset Management Pty Ltd v Mansour [2020] NSWSC 449

Defendants must remove all personal property, motor vehicles, and equipment from the Galston Property on or before 30 April 2020, with access allowed daily between 8am and 4pm. The four Bentley sedans and one Chevrolet Corvette are only to be removed after all other property has been taken.

Parties
Plaintiff: Costa Asset Management Pty Ltd; First Defendant: Ashraf Mansour; Second Defendant: Mary Mansour
Jurisdiction
Australia
Judgment Date
24 April 2020
Procedural Posture
Mortgage Dispute / Interlocutory Determination
Outcome
Orders for removal and access made, restraint on plaintiff, no order as to costs
Legal Topics
Mortgagee in Possession, Removal of Personal Items, Security Interests
Mortgages and Securities Mortgagee in Possession Removal of Personal Items Security Interests

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Parties

Costa Asset Management Pty Ltd

Plaintiff

Ashraf Mansour

First Defendant

Mary Mansour

Second Defendant

Procedural Posture

Mortgage Dispute / Interlocutory Determination

Legal Issues

  1. 1 Deadline for removal of personal property from mortgaged land
  2. 2 Hours per day allowed for removal
  3. 3 Order of removal for valuable vehicles

Ratio Decidendi

Defendants must remove all personal property, motor vehicles, and equipment from the Galston Property on or before 30 April 2020, with access allowed daily between 8am and 4pm. The four Bentley sedans and one Chevrolet Corvette are only to be removed after all other property has been taken.

Court Disposition

Orders for removal and access made, restraint on plaintiff, no order as to costs

Orders

  • The Plaintiff be restrained until 1 May 2020 from disposing of or dealing with the Defendants' personal property, motor vehicles, and equipment situated on 11 Knights Road, Galston, NSW, 2159.
  • The Defendants are to remove all personal property, motor vehicles, and equipment from the Galston Property on or before 30 April 2020, subject to Order 4.