Gemi Nominees Pty Ltd v Chamoun [2024] NSWSC 926

Supreme Court New South Wales

Medium Neutral Citation: Gemi Nominees Pty Ltd v Chamoun [2024] NSWSC 926 Hearing dates: 24, 27 May 2024 and 23 July 2024 Date of orders: 31 July 2024 Decision date: 31 July 2024 Jurisdiction: Common Law Before: Faulkner J Decision: (1) The First Defendant's Notice of Motion filed on 26 June 2024 be dismissed. (2) Judgment for the Plaintiff for possession of the land described in folio identifier 2/865637 being the land situated at and known as 72-78 Parramatta Road, Croydon NSW 2132 and folio identifier Auto C consol 12585-132 being the land situated at and known as 31 Phillip Street, Cabarita NSW 2137. (3) The Cross-Claim filed on 4 December 2023 be dismissed. (4) The Defendants pay the Plaintiff's costs of the proceedings including the Cross-Claim and the Notice of Motion filed on 26 June 2024. Catchwords: CIVIL PROCEDURE — conduct of proceedings — application for adjournment — evidence does not prove that the applicants are unable to attend Court and participate effectively in the proceedings — adjournment refused PRACTICE AND PROCEDURE – application to reopen – no basis for reopening REAL PROPERTY — mortgages — possession of land — judgment sought for possession — order for possession admitted subject to claimed set off. Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56(2) and (3), 57(1), 66 and 98 Contracts Review Act 1980 (NSW) Evidence Act 1995 (NSW), ss 66A and 75 Real Property Act 1900 (NSW), s 60 Uniform Civil Procedure Rules 2005 (NSW), rr 7.29(2), 14.15(d) Cases Cited: Bobalas v Waverley Council [2016] NSWCA 139 Commonwealth Bank of Australia v MLD Financial Services Asset Management Pty Ltd [2015] NSWSC 1476 Magjarraj v Asteron Life Limited [2009] NSWSC 1433 Ohn v Walton (1995) 36 NSWLR 77 Category: Principal judgment Parties: Gemi Nominees Pty Ltd (Plaintiff) Caroline Chamoun (First Defendant) Jack Chamoun (Second Defendant) Representation: Counsel: H W Somerville, M McGirr (Plaintiff) F Maghami, C Honnery (First Defendant) on 24 and 27 May 2024 No Appearance (Second Defendant)