Integrated Growth Solutions Pty Ltd v Campbell [2015] NSWSC 517

Integrated Growth Solutions Pty Ltd v Campbell [2015] NSWSC 517

The handwriting evidence gave very strong support for, and the Court accepted, the conclusion that the defendant executed the Deed of Loan and Mortgage. With no other defence, the plaintiff was entitled to judgment. The plaintiff had an equitable interest in the Bass Hill property and, after sale by the first mortgagee, an interest in the proceeds paid into Court. However, because Mrs Saada Nassif and Mr George Nassif also claimed interests in the fund, the Court was not then in a position to resolve the competition for payment out.

Jurisdiction
Australia
Judgment Date
29 April 2015
Procedural Posture
Equity Division Proceeding Concerning an Unregistered Mortgage, Alleged Forgery, and Payment Out of Funds in Court / Principal Judgment After Hearing; Defendant Did Not Appear
Outcome
Judgment entered for the plaintiff against the defendant; declarations made as to the plaintiff's interest in the land and in the fund paid into Court; payment-out contest not resolved because other interested parties claimed interests; amended summons otherwise dismissed.
Legal Topics
['unregistered Mortgage' 'equitable Estates and Interests' 'forgery of Loan and Mortgage Documents' 'payment of Funds Out of Court' 'mortgagee Power of Sale' 'equitable Charge Over Proceeds of Sale']
['equity' 'real Property' 'civil Procedure'] ['unregistered Mortgage' 'equitable Estates and Interests' 'forgery of Loan and Mortgage Documents' 'payment of Funds Out of Court' 'mortgagee Power of Sale' 'equitable Charge Over Proceeds of Sale']

Case Brief

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Procedural Posture

Equity Division Proceeding Concerning an Unregistered Mortgage, Alleged Forgery, and Payment Out of Funds in Court / Principal Judgment After Hearing; Defendant Did Not Appear

Legal Issues

  1. 1 ['Whether the plaintiff had an equitable estate or interest in the Bass Hill property under the Deed of Loan and Mortgage.' "Whether the defendant's signatures on the Deed of Loan and Mortgage were forged." "Whether the plaintiff's mortgage interest attached to the proceeds of sale paid into Court." 'Whether the plaintiff could obtain payment out of the funds in Court notwithstanding other caveators claiming interests.']

Ratio Decidendi

The handwriting evidence gave very strong support for, and the Court accepted, the conclusion that the defendant executed the Deed of Loan and Mortgage. With no other defence, the plaintiff was entitled to judgment. The plaintiff had an equitable interest in the Bass Hill property and, after sale by the first mortgagee, an interest in the proceeds paid into Court. However, because Mrs Saada Nassif and Mr George Nassif also claimed interests in the fund, the Court was not then in a position to resolve the competition for payment out.

Court Disposition

Judgment entered for the plaintiff against the defendant; declarations made as to the plaintiff's interest in the land and in the fund paid into Court; payment-out contest not resolved because other interested parties claimed interests; amended summons otherwise dismissed.

Orders

  • ['A declaration that the plaintiff had an estate or interest in the land situated at 914 Hume Highway, Bass Hill NSW contained in certificate of title folio identifier 27/132462 pursuant to the charging clause within the loan agreement and mortgage document entered into by the defendant on 6 June 2012.' 'A...