28 Oct 2010
TEA CUSTODIANS (BLUESTONE) LIMITED V J MOUROUKIS AND ANOR HC WN CIV-2010-485-1585
- Citation
- openlaw-f366a934_4f4b_4d27_be4d_e56505f6457e.pdf
- Court
- High Court
Summary judgment as to liability was appropriate but the plaintiff failed to provide a verified schedule to establish the full claimed quantum; judgment was therefore limited to the undisputed amount of $640,000 plus interest from 16 July 2010. An order for possession was granted to TEA because s139(1)(c) Property Law Act 2007 treats a court order as constituting mortgagee in possession from the date of application, meaning TEA's possession takes priority over the second mortgagee and the alleged tenancy need not prevent the Court granting possession.