Secure Funding Pty Ltd v Johnson (No 2) [2023] NSWSC 388

Secure Funding Pty Ltd v Johnson (No 2) [2023] NSWSC 388

Because a relevant default under the loan agreement and mortgage occurred in June 2022 and had not been rectified, the mortgage terms entitled the plaintiff to take possession, and the relevant persons had been served without any appearance or application to be joined. The plaintiff was therefore entitled to judgment for possession of the land.

Jurisdiction
Australia
Judgment Date
28 April 2023
Procedural Posture
Proceedings Seeking Possession of Land After Default Under Mortgage / Principal Judgment
Outcome
Judgment for the Plaintiff for possession of the whole land described in Certificate of Title Folio Identifier Lot 6 in Deposited Plan 10643 the postal address of which is XXX Maud Street, Cardiff South NSW 2285.
Legal Topics
['possession of Land' 'default Under Mortgage']
['land Law'] ['possession of Land' 'default Under Mortgage']

Case Brief

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Procedural Posture

Proceedings Seeking Possession of Land After Default Under Mortgage / Principal Judgment

Legal Issues

  1. 1 ['Whether the plaintiff was entitled to possession of the mortgaged land after default under the loan agreement and mortgage.' 'Whether relevant persons, including the NSW Trustee and Guardian and the occupier, had been served or had appeared.']

Ratio Decidendi

Because a relevant default under the loan agreement and mortgage occurred in June 2022 and had not been rectified, the mortgage terms entitled the plaintiff to take possession, and the relevant persons had been served without any appearance or application to be joined. The plaintiff was therefore entitled to judgment for possession of the land.

Court Disposition

Judgment for the Plaintiff for possession of the whole land described in Certificate of Title Folio Identifier Lot 6 in Deposited Plan 10643 the postal address of which is XXX Maud Street, Cardiff South NSW 2285.

Orders

  • ['Judgment for the plaintiff for possession of the whole land described in certificate of title, folio identifier lot 6 in deposited plan 10643, the postal address of which is XXX Maud Street, Cardiff South, NSW 2285']