Prime Capital Securities Pty Ltd v Pypy [2025] NSWSC 132

Supreme Court New South Wales

Medium Neutral Citation: Prime Capital Securities Pty Ltd v Pypy [2025] NSWSC 132 Hearing dates: 18 February 2025 Date of orders: 3 March 2025 Decision date: 03 March 2025 Jurisdiction: Common Law Before: Wright J Decision: (1) The Plaintiff have possession of the land described as Unit 109, 12-22 Dora Street, Hurstville, in the State of New South Wales, Torrens Title identifier 109/SP64498. (2) The Plaintiff have leave to issue a writ of possession forthwith in respect of the land described as Unit 109, 12-22 Dora Street, Hurstville, in the State of New South Wales, Torrens Title identifier 109/SP64498. (3) The Defendant pay the Plaintiff's costs on a full indemnity basis. (4) The Defendant's amended notice of motion filed on 19 December 2024 is dismissed. (5) The Defendant pay the Plaintiff's costs of the amended notice of motion on an indemnity basis. Catchwords: CONTRACT - construction and interpretation – where court asked to determine meaning of clauses of deed of settlement and forbearance under s 73 Civil Procedure Act 2005 (NSW) – no point of principle Legislation Cited: Civil Procedure Act 2005 (NSW), s 73 Category: Principal judgment Parties: Prime Capital Securities Pty Ltd ACN 623 195 871 (Plaintiff) Suriawati Pypy (Defendant) Representation: Counsel: R O'Donnell (Plaintiff) A Avery-Williams (Defendant)

Solicitors: QBM Lawyers (Plaintiff) ALP Lawyers (Defendant) File Number(s): 2024/ 00113602