Mortgage House of Australia Limited v Megale [2022] NSWSC 319

Supreme Court New South Wales

Medium Neutral Citation: Mortgage House of Australia Limited v Megale [2022] NSWSC 319 Hearing dates: 22 March 2022 Date of orders: 22 March 2022 Decision date: 22 March 2022 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Pursuant to UCPR 13.1(1) judgment is entered against the first defendant in the amount of $24,737 (inclusive of interest). (2) The Court declares that the land contained in certificate of title folio identifier [REDACTED] situate at and known as [REDACTED] in the State of New South Wales is charged in favour of the plaintiff to secure payment of the amount in order 1. (3) The first defendant is to pay the plaintiff's costs of the notice of motion and of the proceedings against him to date. Catchwords: PROCEDURE – order sought under Rule 13.1 of the UCPR – plaintiff loaned money to first defendant – not paid – no appearance in proceedings – no defence Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural rulings Parties: Mortgage House of Australia Limited (Plaintiff) Nicholas Megale (First Defendant) Westpac Banking Corporation (Second Defendant) Representation: Counsel: A Kaufmann (Plaintiff) No appearance (First Defendant) No appearance (Second Defendant)

Solicitors: Galilee Solicitors (Plaintiff) No appearance (First Defendant) Minter Ellison (Second Defendant) File Number(s): 2021/00277586 Publication restriction: Nil