GI 277 Pty Ltd & Anor v The Grill Haus Pty Ltd [2023] NSWSC 391

GI 277 Pty Ltd & Anor v The Grill Haus Pty Ltd [2023] NSWSC 391

The defence filed by the defendant does not disclose any reasonable defence to the claim for possession and is non-compliant with procedural rules; accordingly, it is struck out pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW).

Parties
First Plaintiff: GI 277 Pty Ltd; Second Plaintiff: GI 278 Pty Ltd; Defendant: The Grill Haus Pty Ltd
Jurisdiction
Australia
Judgment Date
18 April 2023
Procedural Posture
Civil / Motion to Strike Out Defence
Outcome
Defence struck out; balance of notice of motion stood over; costs reserved.
Legal Topics
Possession of Land, Default Under Mortgage, Striking Out Pleadings, Summary Judgment
Land Law Civil Procedure Possession of Land Default Under Mortgage Striking Out Pleadings Summary Judgment

Case Brief

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Parties

GI 277 Pty Ltd

First Plaintiff

GI 278 Pty Ltd

Second Plaintiff

The Grill Haus Pty Ltd

Defendant

Procedural Posture

Civil / Motion to Strike Out Defence

Legal Issues

  1. 1 Whether the defence discloses any reasonable defence to the claim for possession
  2. 2 Whether the mortgages allow possession upon default
  3. 3 Compliance with Uniform Civil Procedure Rules 2005 (NSW)

Ratio Decidendi

The defence filed by the defendant does not disclose any reasonable defence to the claim for possession and is non-compliant with procedural rules; accordingly, it is struck out pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW).

Court Disposition

Defence struck out; balance of notice of motion stood over; costs reserved.

Orders

  • Order, pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005, that the defence filed 2 March 2023 be struck out.
  • Order that the balance of the plaintiffs' notice of motion filed 9 March 2023 be stood over for further directions before the Common Law Registrar on 3 May 2023.