Secured Lending 1 Pty Ltd & Anor v Luvnlife Consulting Pty Ltd [2020] NSWSC 851

Secured Lending 1 Pty Ltd & Anor v Luvnlife Consulting Pty Ltd [2020] NSWSC 851

Because the defendant company could only carry on the proceedings by a solicitor or authorised director and the Court was not satisfied that the rules should be dispensed with, the informal application for representation by Ms Andrea Ruiz-Diaz or Ms Athena Madormo was refused. The defendant's non-payment of interest under the Deed of Forbearance as varied by the Extension Agreement constituted fresh events of default, ending the plaintiffs' forbearance and entitling them to file the Consent Judgment and obtain judgment for possession. The late material from Ms Madormo was not filed in compliance with the Court's orders and was rejected. The Deed provided for the costs outcome, so...

Jurisdiction
Australia
Judgment Date
25 June 2020
Procedural Posture
Mortgage Possession Proceedings; Plaintiffs' Notice of Motion / Further Hearing of the Plaintiffs' Notice of Motion Filed on 14 April 2020; Ex Tempore Judgment
Outcome
Informal application for representation by unqualified persons refused; judgment entered for the first and second plaintiffs for possession; leave granted to issue a writ of possession forthwith; indemnity costs awarded to the plaintiffs.
Legal Topics
['company Representation in Proceedings' 'unqualified Persons Appearing for a Litigant' 'consent Judgment' 'deed of Forbearance' 'mortgagee Possession' 'writ of Possession' 'indemnity Costs']
['civil Procedure' 'mortgages and Securities'] ['company Representation in Proceedings' 'unqualified Persons Appearing for a Litigant' 'consent Judgment' 'deed of Forbearance' 'mortgagee Possession' 'writ of Possession' 'indemnity Costs']

Case Brief

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Procedural Posture

Mortgage Possession Proceedings; Plaintiffs' Notice of Motion / Further Hearing of the Plaintiffs' Notice of Motion Filed on 14 April 2020; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the defendant company should be permitted to be represented by the mother of its director or by Ms Athena Madormo, neither being a solicitor or director authorised to carry on the proceedings.' 'Whether late material emailed by Ms Madormo should be received on behalf of the defendant.' 'Whether the plaintiffs were entitled to judgment for possession and leave to issue a writ of possession based on the Deed of Forbearance, Extension Agreement, fresh events of default and annexed Consent Judgment.' 'Whether costs should be awarded to the plaintiffs on an indemnity basis.']

Ratio Decidendi

Because the defendant company could only carry on the proceedings by a solicitor or authorised director and the Court was not satisfied that the rules should be dispensed with, the informal application for representation by Ms Andrea Ruiz-Diaz or Ms Athena Madormo was refused. The defendant's non-payment of interest under the Deed of Forbearance as varied by the Extension Agreement constituted fresh events of default, ending the plaintiffs' forbearance and entitling them to file the Consent Judgment and obtain judgment for possession. The late material from Ms Madormo was not filed in compliance with the Court's orders and was rejected. The Deed provided for the costs outcome, so...

Court Disposition

Informal application for representation by unqualified persons refused; judgment entered for the first and second plaintiffs for possession; leave granted to issue a writ of possession forthwith; indemnity costs awarded to the plaintiffs.

Orders

  • ['To the extent that there was an informal application raised by the defendant to have the mother of the director of the defendant, Ms Andrea Ruiz-Diaz or Ms Athena Madormo represent her in these proceedings, the application is denied for the reasons I have outlined.' 'Judgment for the first and second plaintiffs...