NPC Advisory (SD) Pty Limited (in liq) v Tannous Holdings Pty Limited as trustee for the Tannous Family Trust [2024] NSWSC 1089

Supreme Court New South Wales

Medium Neutral Citation: NPC Advisory (SD) Pty Limited (in liq) v Tannous Holdings Pty Limited as trustee for the Tannous Family Trust [2024] NSWSC 1089 Hearing dates: 22 August 2024 Date of orders: 22 August 2024 Decision date: 22 August 2024 Jurisdiction: Equity Before: Pike J Decision: See [63] Catchwords: PRACTICE AND PROCEDURE – hearings – adjournment – applicable principles – where fifth defendant had ample opportunity to put on defence to statement of claim and evidence in support – where short adjournment already granted to put on further evidence – where no evidence of any defence put on – whether in the interests of justice – application for further adjournment rejected – no question of principle REAL PROPERTY – where plaintiff seeks a declaration of its interest in property and funds owing to it pursuant to a loan agreement with first defendant – default events – failure to repay loan amount by first defendant – appointment of trustees for sale of property per s 66G of the Conveyancing Act 1919 (NSW) Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56 and 58 Conveyancing Act 1919 (NSW) ss 66F and 66G Real Property Act 1900 (NSW) s 74MA Cases Cited: Al Dakhili v Al Kheurallah [2023] NSWSC 47 Catherine Margaret Thorn, as Executrix of the Estate of the late Betty McAuley v Ian Geoffrey Boyd and Dawn Kathleen Boyd [2016] NSWSC 1344 Kenneth Charles Ward v Brian Charles Ward & Anor [2011] NSWSC 107 Yerkey v Jones (1939) 63 CLR 649 Texts Cited: Nil Category: Principal judgment Parties: NPC Advisory (SD) Pty Limited (in liquidation) (ACN 643 357 224) (Plaintiff) Tannous Holdings Pty Ltd as trustee for the Tannous Family Trust (ABN 45 907 144 143) (First Defendant) National Australia Bank Limited (Second Defendant) Lion Finance Pty Ltd (Third Defendant) David Henry Sampson (Fourth Defendant) Therese Boumelhem in her own capacity and in her capacity as the executor of the estate of Margo Tannous (Fifth Defendant) Pierre Saleem Nakhle (Sixth Defendant) Representation: Counsel: R Notley (Plaintiff) Z Hu (solicitor) (Second Defendant) T Ross (Fifth Defendant)