Secure Funding Pty Ltd v Mears (No 2) [2023] NSWSC 387

Plaintiff is entitled to judgment for possession as a result of default under the loan agreement and mortgage, with all procedural and service requirements satisfied and no defence filed.

Parties: Plaintiff: Secure Funding Pty Ltd; First Defendant: Gregory Ross Mears; Second Defendant: Jennifer Anne Mears
Jurisdiction: Australia
Judgment Date: 28 April 2023
Procedural Posture: Claim for Possession of Land and Judgment for Monies Due Under Loan Agreement and Mortgage / Principal Judgment Following Default and Substitution Orders
Outcome: Judgment for the plaintiff for possession of the whole land as described in the certificate of title.
Legal Topics: Possession of Land, Default Under Mortgage

Land Law Possession of Land Default Under Mortgage

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Parties

Secure Funding Pty Ltd

Plaintiff

Gregory Ross Mears

First Defendant

Jennifer Anne Mears

Second Defendant

Procedural Posture

Claim for Possession of Land and Judgment for Monies Due Under Loan Agreement and Mortgage / Principal Judgment Following Default and Substitution Orders

Legal Issues

1 Whether plaintiff is entitled to possession of land following mortgagors’ default under a loan agreement and mortgage

Ratio Decidendi

Plaintiff is entitled to judgment for possession as a result of default under the loan agreement and mortgage, with all procedural and service requirements satisfied and no defence filed.

Court Disposition

Judgment for the plaintiff for possession of the whole land as described in the certificate of title.

Orders

Judgment for the plaintiff for possession of the whole land described in certificate of title, folio identifier lot 1 in deposited plan 1059042, the postal address of which is XXX Church Street, Glen Innes, NSW 2370.