Secured Lending 1 Pty Ltd & Anor v Luvnlife Consulting Pty Ltd [2020] NSWSC 851

Supreme Court New South Wales

Medium Neutral Citation: Secured Lending 1 Pty Ltd & Anor v Luvnlife Consulting Pty Ltd [2020] NSWSC 851 Hearing dates: 25 June 2020 Date of orders: 25 June 2020 Decision date: 25 June 2020 Jurisdiction: Common Law Before: Lonergan J Decision: (1) To the extent that there was an informal application raised by the defendant to have the mother of the director of the defendant, Ms Andrea Ruiz-Diaz, or Ms Athena Madormo represent her in these proceedings, the application is denied for the reasons I have outlined. (2) Judgment for the first and second plaintiffs for possession of the whole of the land comprised in folio identifier 4046/808215 being the land situated at and known as 410 Old Northern Road, Glenhaven in the State of New South Wales. (3) Leave to issue a writ of possession forthwith. (4) Costs in favour of the first and the second plaintiffs on an indemnity basis. Catchwords: CIVIL PROCEDURE — parties — representation — UCPR r 7.1(2)(a) — rules state that a company may carry on proceedings by a solicitor or a director of the company — issue of representation by unqualified persons — previous order of the Court as to representation by unqualified persons — consideration of whether it is appropriate for an unqualified person to appear on behalf of a litigant — present circumstances do not warrant the rules of the Court being dispensed with — informal application for representation by unqualified persons — application refused. MORTGAGES AND SECURITIES — mortgages — duties, rights and remedies of mortgagee — possession — deed of forbearance executed — consent judgment signed and annexed to the deed of forbearance — deed of forbearance entitles the plaintiff to file the consent judgment — deed of forbearance prevents the opposition of any judgment in favour of the plaintiffs Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Secured Lending 1 Pty Ltd v Luvnlife Consulting Pty Ltd [2020] NSWSC 637 Secured Lending 1 Pty Ltd v Luvnlife Consulting Pty Ltd (No 2) [2020] NSWSC 729 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 Djurdjevic (Plaintiffs)