CEG Securities Pty Ltd v Pajtas Pty Ltd [2024] NSWSC 1031

Supreme Court New South Wales

Medium Neutral Citation: CEG Securities Pty Ltd v Pajtas Pty Ltd [2024] NSWSC 1031 Hearing dates: 16 August 2024 Date of orders: 16 August 2024 Decision date: 16 August 2024 Jurisdiction: Common Law Before: Davies J Decision: 1. Judgment for the Plaintiff for possession of the land described in folio identifier 15/29099 and known as XX Cronin Street Penrith NSW 2750 ("the Property"). 2. Leave is granted to the Plaintiff to issue a writ of possession in respect of the Property such writ not to be executed before 30 September 2024. 3. The Second and Third Defendants are to pay the costs of the Plaintiff in accordance with the terms of registered mortgage AS735976. 4. The balance of the proceedings stood over for Directions before the Registrar at 9:00am on 29 November 2024. Catchwords: LAND LAW – possession of land – default under loan agreement and mortgage – where principal not repaid at expiry of the loan agreement – summary judgment sought against guarantors – where defendants failed to serve evidence in response to plaintiff's claim – defendants' defence unarguable – summary judgment ordered Legislation Cited: Contracts Review Act 1980 (NSW) Real Property Act 1900 (NSW) Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Texts Cited: Nil Category: Procedural rulings Parties: CEG Securities Pty Ltd (Plaintiff) Pajtas Pty Ltd (First Defendant) Peter Neil Jones (Second Defendant) Catherine O'Toole (Third Defendant) Representation: Counsel: A Rogers (Plaintiff) No appearance (Deregistered) (First Defendant) Mr P Jones (In person) (Second Defendant) No appearance (Third Defendant)