Rainima v G E Mortgage Solutions Ltd [2011] NSWCA 355

Rainima v G E Mortgage Solutions Ltd [2011] NSWCA 355

The applicant has not established a prima facie case for a new trial since the defence based on the alleged promissory note was untenable, there was no offer of an undertaking as to damages, and granting relief would be futile as the outcome would inevitably be the same.

Parties
Applicant: Losalini Rainima; Respondent: GE Mortgage Solutions Ltd
Jurisdiction
Australia
Judgment Date
14 November 2011
Procedural Posture
Appeal / Interlocutory Application in Court of Appeal
Outcome
Application for interlocutory injunction refused; extension of time for filing allowed; costs awarded to respondent.
Legal Topics
Interlocutory Injunction, Mortgagee's Sale, Extension of Time, Stay of Execution
Practice and Procedure Interlocutory Injunction Mortgagee's Sale Extension of Time Stay of Execution

Case Brief

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Parties

Losalini Rainima

Applicant

GE Mortgage Solutions Ltd

Respondent

Procedural Posture

Appeal / Interlocutory Application in Court of Appeal

Legal Issues

  1. 1 Whether an interlocutory injunction restraining a mortgagee's sale pending appeal should be granted
  2. 2 Whether extension of time for filing the summons for leave to appeal should be granted
  3. 3 Whether acceptance of a purported promissory note discharged the mortgage debt

Ratio Decidendi

The applicant has not established a prima facie case for a new trial since the defence based on the alleged promissory note was untenable, there was no offer of an undertaking as to damages, and granting relief would be futile as the outcome would inevitably be the same.

Court Disposition

Application for interlocutory injunction refused; extension of time for filing allowed; costs awarded to respondent.

Orders

  • The time for filing the summons for leave to appeal is extended to 5 October 2011.
  • Order that para 4 of the notice of motion be dismissed.