Secure Funding Pty Ltd v Deren; Deren v Secure Funding Pty Ltd (No 2) [2014] NSWSC 348

Secure Funding Pty Ltd v Deren; Deren v Secure Funding Pty Ltd (No 2) [2014] NSWSC 348

The plaintiff is entitled to possession of the property and repayment under the loan agreement and mortgage, as the loan is in default and there is no evidence that any delay in insurance payments or alleged underinsurance was caused by unconscionable conduct or unfairness attributable to the plaintiff. The cross-claim fails.

Jurisdiction
Australia
Judgment Date
28 March 2014
Procedural Posture
Principal Judgment / Final Judgment in Trial Court
Outcome
Judgment for plaintiff; cross-claim dismissed.
Legal Topics
['possession' 'loan Agreement' 'mortgage' 'insurance Proceeds' 'unconscionability' 'cross Claim' 'fairness in Contracts']
['property Law' 'contract Law' 'banking and Finance Law'] ['possession' 'loan Agreement' 'mortgage' 'insurance Proceeds' 'unconscionability' 'cross Claim' 'fairness in Contracts']

Case Brief

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Procedural Posture

Principal Judgment / Final Judgment in Trial Court

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to possession of the property under the loan and mortgage' 'Whether the plaintiff caused delay in insurance payment' 'Whether the plaintiff was responsible for property being underinsured' 'Whether the loan agreement and mortgage were unconscionable' 'Whether contracts were unfair']

Ratio Decidendi

The plaintiff is entitled to possession of the property and repayment under the loan agreement and mortgage, as the loan is in default and there is no evidence that any delay in insurance payments or alleged underinsurance was caused by unconscionable conduct or unfairness attributable to the plaintiff. The cross-claim fails.

Court Disposition

Judgment for plaintiff; cross-claim dismissed.

Orders

  • ['The plaintiff have possession of the whole of the land described in Certificate of Title Folio Identifier Lot 381 in Deposited Plan XXXXXX, the postal address of which is XX XXXXXXXX Road, Morisset Park NSW 2264.' 'The plaintiff have leave to issue a writ for possession over the Land immediately.' 'Judgment be...