King v Brown [2020] NSWSC 1010

Supreme Court New South Wales

Medium Neutral Citation: King v Brown [2020] NSWSC 1010 Hearing dates: 29 July 2020 Date of orders: 29 July 2020 Decision date: 29 July 2020 Jurisdiction: Common Law Before: Davies J Decision: (1) Judgment for the plaintiff for possession of the land comprised in folios 6/568008 and 70/819045 being the land situated at and known as 203 Thompsons Road, Milbrodale, New South Wales. (2) Leave to the plaintiff to issue a writ of possession, such writ not to be executed before 24 September 2020. (3) The parties are directed to attend court-annexed mediation in relation to the balance of the issues, and are to approach the Registrar before 4 August 2020 in this regard. Catchwords: LAND LAW – mortgages – possession of land – default under loan agreement and mortgage – application for summary judgment – where defence admitted to debt – where only dispute raised was amount owing to mortgagee – summary judgment for possession granted Legislation Cited: Real Property Act 1900 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Stanley King (Plaintiff) Geoffrey Phillip Brown (First Defendant) Barbara Ann Brown (Second Defendant) Riverpines Vineyard Pty Ltd (Third Defendant) Representation: Counsel: P Newton (Plaintiff) Geoffrey Brown (In person) (Defendants)

Solicitors: Anne McDonald & Associates (Plaintiff) Self-represented (Defendants) File Number(s): 2020/94610 Publication restriction: Nil