Psal Pty Limited v Deborah Ann Stellason [2013] NSWSC 2052

Psal Pty Limited v Deborah Ann Stellason [2013] NSWSC 2052

Summary judgment was granted because there was an undeniable debt, a right to claim it, no filed defence or evidence disputing payment or quantification of the debt, and there had already been significant indulgence and delay.

Jurisdiction
Australia
Judgment Date
18 December 2013
Procedural Posture
Interlocutory Applications / Application for Summary Judgment
Outcome
Summary judgment granted for the plaintiff against the defendant.
Legal Topics
['summary Judgment' 'second Mortgagee Debt Claim' 'indemnity Costs']
['civil Procedure' 'mortgage Law'] ['summary Judgment' 'second Mortgagee Debt Claim' 'indemnity Costs']

Case Brief

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Procedural Posture

Interlocutory Applications / Application for Summary Judgment

Legal Issues

  1. 1 ['Whether the plaintiff should be granted summary judgment against the defendant for the claimed debt.' 'Whether any defence or evidence disputed payment or quantification of the debt.' 'Whether the defendant should receive a further indulgence to allow refinancing.']

Ratio Decidendi

Summary judgment was granted because there was an undeniable debt, a right to claim it, no filed defence or evidence disputing payment or quantification of the debt, and there had already been significant indulgence and delay.

Court Disposition

Summary judgment granted for the plaintiff against the defendant.

Orders

  • ['Pursuant to r 13.1 of the Uniform Civil Procedure Rules, the Court grants summary judgment to the plaintiff against the defendant in the sum of $95,547.74.' 'The defendant shall pay the plaintiff costs of these proceedings on an indemnity basis.' 'These orders may be entered forthwith.']