Ginelle Pty Limited v Singh [2010] NSWSC 579

Ginelle Pty Limited v Singh [2010] NSWSC 579

The defendants provided no evidence or submission suggesting that they did not agree to the terms of the agreement reached on 9 June 2009. The judgment entered on 2 December 2009 was entirely in accordance with that agreement, and there was no reason to set the agreement aside or stay enforcement.

Jurisdiction
Australia
Judgment Date
09 March 2010
Procedural Posture
Possession Proceedings Relating to Debt Under a Loan / Defendants' Notice of Motion Filed 8 March 2010 to Set Aside Judgment and Agreement and Stay Execution of Writ of Possession
Outcome
Notice of Motion filed on 8 March 2010 dismissed with costs.
Legal Topics
['possession' 'notice of Motion to Set Aside Judgment' 'summary Judgment' 'writ of Possession' 'consumer Credit Code Declaration']
['property Law' 'civil Procedure' 'consumer Credit'] ['possession' 'notice of Motion to Set Aside Judgment' 'summary Judgment' 'writ of Possession' 'consumer Credit Code Declaration']

Case Brief

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Procedural Posture

Possession Proceedings Relating to Debt Under a Loan / Defendants' Notice of Motion Filed 8 March 2010 to Set Aside Judgment and Agreement and Stay Execution of Writ of Possession

Legal Issues

  1. 1 ['Whether the judgment entered on 2 December 2009 should be set aside.' 'Whether the agreement reached on 9 June 2009 should be set aside.' 'Whether execution of the writ of possession should be stayed.']

Ratio Decidendi

The defendants provided no evidence or submission suggesting that they did not agree to the terms of the agreement reached on 9 June 2009. The judgment entered on 2 December 2009 was entirely in accordance with that agreement, and there was no reason to set the agreement aside or stay enforcement.

Court Disposition

Notice of Motion filed on 8 March 2010 dismissed with costs.

Orders

  • ['Notice of Motion filed on 8 March 2010 is dismissed with costs.' 'Any further documents filed in the present proceedings are to be filed with 3 days notice to the plaintiffs.']