Secure Funding Pty Ltd v Linienko (No 3) [2023] NSWSC 1125

Supreme Court New South Wales

Medium Neutral Citation: Secure Funding Pty Ltd v Linienko (No 3) [2023] NSWSC 1125 Hearing dates: 15 September 2023 Date of orders: 15 September 2023 Decision date: 15 September 2023 Jurisdiction: Common Law Before: Davies J Decision: 1. Judgment for the plaintiff against the second defendant for $334,550.06. 2. Interest is payable on the judgment at the rate or rates applicable under the loan and mortgage. 3. Grant leave to issue a writ of possession to enforce the judgment entered on 18 April 2023. 4. The second defendant pay the plaintiffs costs. Catchwords: LAND LAW – possession of land – where judgment previously given for possession of land – where parties agreed defendant could sell land under certain conditions – where agreement not complied with by defendant – where no appearance filed by defendant – plaintiff entitled to default judgment for amount owing – leave to issue writ of possession Legislation Cited: Nil Cases Cited: Secure Funding Pty Ltd v Linienko [2023] NSWSC 224 Secure Funding Pty Ltd v Linienko (No 2) [2023] NSWSC 386 Texts Cited: Nil Category: Procedural rulings Parties: Secure Funding Pty Ltd (Plaintiff) Estate of Svetlana Anita Linienko (First Defendant) Dhana Henry Robinson (Second Defendant) Representation: Counsel: S Erikozu (Plaintiff) No appearance (First Defendant) No appearance (Second Defendant)

Solicitors: Norton Rose Fulbright (Plaintiff) Unrepresented (Defendants) File Number(s): 2022/289653 Publication restriction: Nil