Hargraves Secured Investments Limited v Ciavarella [2016] NSWSC 732

Hargraves Secured Investments Limited v Ciavarella [2016] NSWSC 732

There was no arguable defence to the plaintiff’s claim because the only potential set-off related to the quantum of the debt and was precluded by the release in the valid and binding Heads of Agreement. The evidence did not show any basis for relief against the Heads of Agreement or grounds of unconscionability or injustice. Therefore, judgment was entered for the plaintiff for possession of the properties and the specified debt.

Parties
Plaintiff/cross Defendant: Hargraves Secured Investments Limited; 1st Defendant/cross Claimant: Darren John Ciavarella; 2nd Defendant/cross Claimant: Estate of Matteo Donato Ciavarella
Jurisdiction
Australia
Judgment Date
07 June 2016
Procedural Posture
Application for Summary Judgment / Judgment on Summary Judgment Application
Outcome
Judgment for the plaintiff; orders for possession, leave to issue writ for possession, money judgment and costs against the defendants.
Legal Topics
Summary Judgment, Possession of Land, Mortgage Enforcement, Cross Claim for Equitable Set Off, Heads of Agreement, Variation of Loan Agreement, Release of Claims, Farm Debt Mediation, Water Rights, Damages for Breach
Practice and Procedure Property Law Contract Law Equity Summary Judgment Possession of Land Mortgage Enforcement Cross Claim for Equitable Set Off +6 more

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Parties

Hargraves Secured Investments Limited

Plaintiff/cross Defendant

Darren John Ciavarella

1st Defendant/cross Claimant

Estate of Matteo Donato Ciavarella

2nd Defendant/cross Claimant

Procedural Posture

Application for Summary Judgment / Judgment on Summary Judgment Application

Legal Issues

  1. 1 Whether the plaintiff is entitled to summary judgment for possession of land, water rights and the mortgage debt
  2. 2 Whether the defendants' cross-claim for equitable set-off raises a triable issue to preclude summary judgment
  3. 3 Whether an agreement existed to vary the loan obligations regarding application of water sale proceeds

Ratio Decidendi

There was no arguable defence to the plaintiff’s claim because the only potential set-off related to the quantum of the debt and was precluded by the release in the valid and binding Heads of Agreement. The evidence did not show any basis for relief against the Heads of Agreement or grounds of unconscionability or injustice. Therefore, judgment was entered for the plaintiff for possession of the properties and the specified debt.

Court Disposition

Judgment for the plaintiff; orders for possession, leave to issue writ for possession, money judgment and costs against the defendants.

Orders

  • Judgment for plaintiff for possession of Farm 557 (557 Fivebough Road, Leeton, NSW, Certificate of Title Folio Identifier 607/257123) and 333 Fivebough Road, Leeton, NSW (Folio Identifiers 2/859771, 633/44540, 317/751742) and water rights (Murrumbidgee Irrigation Limited Landholding 1055700, 21 Megalitres, 21 B...
  • Leave to the plaintiff to issue a Writ for Possession forthwith for the above properties and water rights