Provident Capital Ltd v Anderson [2011] NSWSC 315

Provident Capital Ltd v Anderson [2011] NSWSC 315

There is a serious question to be tried regarding the removal and proper mortgaging of property. Given the evidence and the need to protect the subject matter of the dispute, interlocutory orders restraining the defendant and requiring an affidavit of explanation are justified to preserve the property pending the final determination.

Jurisdiction
Australia
Judgment Date
18 April 2011
Procedural Posture
Interlocutory Application / Interlocutory Orders Pending Final Hearing
Outcome
Interlocutory orders granted
Legal Topics
['interlocutory Orders' 'mortgages' 'goods Mortgages' 'protection of Property' 'possession Applications']
['commercial Law' 'property Law' 'procedure'] ['interlocutory Orders' 'mortgages' 'goods Mortgages' 'protection of Property' 'possession Applications']

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Procedural Posture

Interlocutory Application / Interlocutory Orders Pending Final Hearing

Legal Issues

  1. 1 ['Whether there is a serious question to be tried regarding default under mortgages and removal of property' 'Whether interlocutory orders should be issued to protect property and require explanation of removed goods']

Ratio Decidendi

There is a serious question to be tried regarding the removal and proper mortgaging of property. Given the evidence and the need to protect the subject matter of the dispute, interlocutory orders restraining the defendant and requiring an affidavit of explanation are justified to preserve the property pending the final determination.

Court Disposition

Interlocutory orders granted

Orders

  • ['The defendant, pending the hearing and determination of these proceedings, is restrained from entering Barry Station without the written consent of the plaintiff and, if approval is given, on such terms as the plaintiff may impose.' 'Within 14 days, the defendant must file and serve an affidavit explaining...