Secured Lending 1 Pty Ltd v Luvnlife Consulting Pty Ltd [2020] NSWSC 637

Supreme Court New South Wales

Medium Neutral Citation: Secured Lending 1 Pty Ltd v Luvnlife Consulting Pty Ltd [2020] NSWSC 637 Hearing dates: 26 May 2020 Decision date: 27 May 2020 Jurisdiction: Common Law Before: Ierace J Decision: (1) Set aside the orders made on 6 February 2020 dismissing the proceedings. (2) List the matter for further directions before the Common Law Registrar on Monday 1 June 2020. (3) The plaintiff to bear its own costs of the notice of motion. Catchwords: REAL PROPERTY – possession of land – no activity for more than nine months after statement of claim filed – orders made by Court dismissing proceedings pursuant to r 12.8(7) of the Uniform Civil Procedure Rules 2005 (NSW) – orders set aside

CIVIL PROCEDURE – claim for possession of real property – mortgage default by company – ex parte application – whether signed consent judgment should be entered in the defendant's absence – judgment not entered in the interests of fairness to the defendant – matter listed for further directions Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), rr 12.8, 36.16 Cases Cited: Commonwealth Bank of Australia v Kingston Bake Pty Ltd ACN 074 482 134 [2016] NSWSC 131 Category: Procedural and other rulings Parties: Secured Lending 1 Pty Ltd (First Plaintiff) Longevity Property Pty Ltd (Second Plaintiff) Luvnlife Consulting Pty Ltd (Defendant) Representation: Counsel: A Smith (First and Second Plaintiff)