Parfit Investments Pty Ltd v Caterjian [2022] NSWSC 1093

Supreme Court New South Wales

Medium Neutral Citation: Parfit Investments Pty Ltd v Caterjian [2022] NSWSC 1093 Hearing dates: 7-10 March 2022 Date of orders: 18 August 2022 Decision date: 18 August 2022 Jurisdiction: Common Law Before: Fagan J Decision: 1 Judgment for the plaintiff against the first and second defendants for possession of the land comprised in Certificate of Title 1/963919. 2 Subject to consideration of any submissions from the first and second defendants regarding the interest calculation, judgment will be given for the plaintiff against the first and second defendants for $$480,551.59. 3 The cross claim is dismissed. 4 The first and second defendants are to pay the plaintiff's costs of the proceedings including the cross claim. Catchwords: POSSESSION – application for possession of land – where the defendant signed a Facility Agreement with the plaintiff to fund the fee of a Representative Agreement with a psychologist franchising business – where the Facility Agreement was secured over the family home – defendants cross-claim that the Facility Agreement should be set aside on the basis of unconscionable conduct of the plaintiff Legislation Cited: Australian Consumer Law Australian Securities and Investments Commission Act 2001 (Cth) Bankruptcy Act 1966 (Cth) Civil Procedure Act 2005 (NSW) Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) Cases Cited: Ankar Pty Ltd v National Westminster Finance (Australia) Pty Ltd (1987) 162 CLR 549; [1987] HCA 15 Treloar Constructions Pty Limited v McMillan [2017] NSWCA 72 Category: Principal judgment Parties: Parfit Investments Pty Ltd (plaintiff) Aleiksajender Robert Caterjian (first defendant) Minodora Sclavos-Caterjian (second defendant) Bendigo and Adelaide Bank Limited (third defendant) Representation: Counsel: Mr J Horowitz (plaintiff) Mr P A Horobin (first and second defendants)