Colombus Property Developments Ltd & 1Ors v Derwent Ventures Ltd [2001] NSWSC 132

New South Wales Supreme Court

CITATION : Colombus Property Developments Ltd & 1Ors v Derwent Ventures Ltd [2001] NSWSC 132 revised - 9/03/2001 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 1588/01 HEARING DATE(S) : 28/02/01 JUDGMENT DATE : 28 February 2001

Colombus Property Developments Ltd (ACN 085 581 193) (First Plaintiff) PARTIES : Eugene Maria Benson (Second Plaintiff) Derwent Ventures Ltd (Defendant) JUDGMENT OF : Santow J

COUNSEL : Eugene Benson (In Person) (Second Plaintiff) F G Lever (Defendant) SOLICITORS : Dibbs Barker Gosling (Defendant) CATCHWORDS : MORTGAGES — No Requirement for notice to enforce by taking possession — Other factors affecting court intervention. LEGISLATION CITED : Real Property Act 1900: s57 DECISION : Plaintiffs' Summons dismissed. Costs to follow the event.

REVISED — 9 March, 2001 IN THE SUPREME COURT OF NEW SOUTH WALES IN EQUITY

SANTOW J

No. 1588/01 COLOMBUS PROPERTY DEVELOPMENTS LTD (ACN 085 581 193) First Plaintiff EUGENE MARIA BENSON Second Plaintiff DERWENT VENTURES LTD Defendant

JUDGMENT — ex tempore 28 February 2001

INTRODUCTION 1 The matter before me is a Summons brought by the First Plaintiff Colombus Property Developments Ltd seeking to restrain a secured lender Derwent Ventures Limited, the Defendant, from interfering with the First Plaintiff's possession and occupation of the property so secured, namely 15-17 Pittwater Road, Manly ("the Property"). The Second Plaintiff is Mr Eugene Benson, the principal and director of the First Plaintiff. The Second Plaintiff represented himself and appeared on behalf of the First Plaintiff without objection. 2 The relevant loan relates to a development of the Property by the construction of strata title units upon it. 3 The Second Plaintiff has chosen to represent himself and the First Plaintiff in circumstances where I offered him the opportunity to seek legal representation. However, despite the difficulties of representing himself and the Second Plaintiff, Mr Benson has shown an understanding of the relevant matters to sufficient degree for me to be satisfied that he has been properly heard. 4 This was in circumstances where the Defendant showed a fair appreciation of the difficulty of a self-represented litigant in these circumstances.