RHG Mortgage Corporation Limited v DLC Properties Pty Limited [2009] NSWSC 990

New South Wales Supreme Court

CITATION : RHG Mortgage Corporation Limited v DLC Properties Pty Limited [2009] NSWSC 990

HEARING DATE(S) : 1 September 2009

JUDGMENT DATE : 22 September 2009

JURISDICTION : Common Law

JUDGMENT OF : McCallum J

(1) The defendant give to the plaintiff possession of the land comprised in certificate of title folio identifier 16/15891 being the land situated at and known as 17 White Street, East Gosford and the land comprised in certificate of title folio identifier 15/15891 being the land situated at and known as 19 White Street, East Gosford in the state of New South Wales. DECISION : (2) The cross-claim be dismissed. (3) The defendant pay the plaintiff's costs of the proceedings including the costs of the cross-claim.

CATCHWORDS : MORTGAGES – whether certain representations made by mortgagee – whether loan agreement breached by mortgagee by failing to give repayment holiday – whether loan agreement breached by failing to keep interest rate lower than competitors – whether mortgagee entitled to order for possession

LEGISLATION CITED : Australian Securities and Investments Commission Act 2001 (Cth)

CATEGORY : Principal judgment

PARTIES : RHG Mortgage Corporation Limited (Plaintiff) DLC Properties Pty Limited (Defendant)

FILE NUMBER(S) : SC 16800/08

COUNSEL : Ms V Whittaker (Plaintiff) Ms L Craig (In Person) (Defendant)

SOLICITORS : Kemp Strang (Plaintiff) Stephen Teece Solicitor (Defendant)

- 8 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

McCALLUM J

22 SEPTEMBER 2009

16800/08 RHG MORTGAGE CORPORATION LIMITED v DLC PROPERTIES PTY LIMITED