Liu v Al Maha Pty Ltd [2022] NSWSC 1427

Supreme Court New South Wales

Medium Neutral Citation: Liu v Al Maha Pty Ltd [2022] NSWSC 1427 Hearing dates: 20 October 2022 Date of orders: 20 October 2022 Decision date: 20 October 2022 Jurisdiction: Common Law Before: Davies J Decision: 1. Judgment for the plaintiff for possession of the whole of the land comprised in folio identifier 61/SP95012 situated at and known as unit 610, 5 Powell Street Homebush. 2. The plaintiff is to serve evidence in chief in relation to the claims in paragraphs 3, 4 and 5 of the statement of claim by 17 November 2022. 3. The defendant is to serve evidence on which it relies in reply by 22 December 2022. 4. The plaintiff is to serve evidence in reply to the defendant's evidence by 14 January 2023. 5. Stood over for further directions before Davies J at 9:30am on 7 February 2023. 6. The parties have liberty to apply on two days' notice. Catchwords: LAND LAW – possession of land – pursuant to a mortgage – where no dispute that specified secured sum is owing – where dispute concerns plaintiff's right to include other amounts in the secured moneys – judgment for possession given – disputed amounts to be the subject of evidence Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 6.21 Cases Cited: Chalak v G & G Mikhael Pty Ltd [2022] NSWCA 116 Texts Cited: Nil Category: Principal judgment Parties: Wei Liu (Plaintiff) Al Maha Pty Ltd (Defendant) Representation: Counsel: S So (Plaintiff) A Power (Defendant)