Owens v Pacific Property Resources Pty Ltd [2013] NSWSC 1553

The evidence established mortgage default and ongoing failure to pay under a registered mortgage. The plaintiff demonstrated statutory and contractual entitlement to possession, and the court found on the evidence that the defendant had no real defence, justifying summary judgment.

Parties: Plaintiff: Graham Douglas Owens; Defendant: Pacific Property Resources Pty Ltd
Jurisdiction: Australia
Judgment Date: 18 October 2013
Procedural Posture: Interlocutory Application / Summary Judgment
Outcome: summary judgment for the plaintiffs
Legal Topics: Summary Judgment, Mortgage Default, Possession of Land

Real Property Civil Procedure Summary Judgment Mortgage Default Possession of Land

Case Brief

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Parties

Graham Douglas Owens

Plaintiff

Pacific Property Resources Pty Ltd

Defendant

Procedural Posture

Interlocutory Application / Summary Judgment

Legal Issues

1 Whether summary judgment for possession should be granted to the plaintiff under r 13.1 of the Uniform Civil Procedure Rules 2005 (NSW) in respect of mortgage default.

Ratio Decidendi

Court Disposition

summary judgment for the plaintiffs

Orders

Summary judgment for possession of the land described in folio identifier 1/1036705 is granted to the plaintiffs pursuant to rule 13.1 of the Uniform Civil Procedure Rules 2005 (NSW).
Leave is granted to the plaintiff to apply for the issue of a writ of possession forthwith.