G & G Mikhael Pty Ltd v Chalak [2022] NSWSC 191

Supreme Court New South Wales

Medium Neutral Citation: G & G Mikhael Pty Ltd v Chalak [2022] NSWSC 191 Hearing dates: 18 February 2022 Date of orders: 18 February 2022 Decision date: 18 February 2022 Jurisdiction: Common Law Before: Dhanji J Decision: (1) I give judgment for the plaintiff for possession of the land comprised in folio identifier 1/SPXXXXX being the land located at and known as Townhouse 1, X XXXXXX XXXXXXXX, Chipping Norton, New South Wales, thereafter "the land". (2) I grant the plaintiff leave to issue a writ of possession with respect to the land. (3) The writ of possession referred to in Order 2 is stayed for a period of eight weeks. (4) I give judgment for the plaintiff against the defendant in an amount equal to the principal outstanding on the loan together with interest on that amount calculated as simple interest at the rate of 7% to date and thereafter interest to be calculated in accordance with the rules. (5) The defendant has to pay the plaintiff's costs as agreed or assessed. (6) I direct the parties provide to my Associate by close of business tomorrow the terms of the order for judgment in order to give effect to the above reasons. Catchwords: LAND LAW – possession of land – notice of motion - summary judgment sought in relation to statement of claim - summary dismissal sought with respect to cross-claim – orders sought made – costs Legislation Cited: Civil Procedure Act 2005 (NSW) Consumer Credit (New South Wales) Code Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bendigo and Adelaide Bank Ltd v Tombs [2010] NSWSC 1427 Cosmos E-C Commerce Pty Ltd v Bidwell & Associates Pty Ltd [2005] NSWCA 81 Dey v Victorian Railways Commissioners (1949) 78 CLR 62; [1949] HCA 1 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Suncorp-Metway Ltd v Nam Property Holdings Pty Ltd [2010] NSWSC 1078 Webster v Lampard (1993) 177 CLR 598; [1993] HCA 57 Category: Procedural rulings Parties: G & G Mikhael Pty Ltd (Plaintiff) Safwan Nizar Chalak (Defendant) Representation: Counsel: J Young with Dr A Lim (Plaintiff) T Rollo (Counsel)