Ghannam v BB&B Penrith Pty Ltd [2022] NSWSC 1588

Ghannam v BB&B Penrith Pty Ltd [2022] NSWSC 1588

The plaintiff, having an enforceable equitable charge on the Property and being owed a substantial unpaid deposit, is entitled to an order for judicial sale as the standard remedy, and neither abuse of process nor non-joinder defeats that right in these circumstances. Orders for sale are appropriate, with safeguards implemented for the defendants and mortgagee.

Jurisdiction
Australia
Judgment Date
21 November 2022
Procedural Posture
Equity Real Property / Principal Judgment
Outcome
Orders for judicial sale made; trustee appointed; first defendant to give possession and cooperate; proceeds to pay sale costs, mortgagee, then plaintiff.
Legal Topics
['equitable Remedies' 'judicial Sale' 'equitable Charge' 'mortgagee Rights' 'abuse of Process']
['equity' 'real Property'] ['equitable Remedies' 'judicial Sale' 'equitable Charge' 'mortgagee Rights' 'abuse of Process']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Real Property / Principal Judgment

Legal Issues

  1. 1 ["Whether BB&B's grounds of opposition (abuse of process and non-joinder) preclude grant of relief" 'Whether it is appropriate to make orders for the appointment of a trustee for a judicial sale or a receiver']

Ratio Decidendi

The plaintiff, having an enforceable equitable charge on the Property and being owed a substantial unpaid deposit, is entitled to an order for judicial sale as the standard remedy, and neither abuse of process nor non-joinder defeats that right in these circumstances. Orders for sale are appropriate, with safeguards implemented for the defendants and mortgagee.

Court Disposition

Orders for judicial sale made; trustee appointed; first defendant to give possession and cooperate; proceeds to pay sale costs, mortgagee, then plaintiff.

Orders

  • ['Declaration that the first defendant charged the Property with payment to the plaintiff of $440,000 plus interest.' 'Appointment of Mr Todd Gammel as trustee for sale; Property vested in trustee; trustee to conduct and complete sale.' 'First defendant to give vacant possession to trustee within two days.' 'Leave...