Ginelle Pty Limited v Singh [2010] NSWSC 579

New South Wales Supreme Court

CITATION : Ginelle Pty Limited v Singh [2010] NSWSC 579

HEARING DATE(S) : 9 March 2010 JUDGMENT OF : Latham J

EX TEMPORE JUDGMENT DATE : 9 March 2010

DECISION : Notice of Motion filed on 8 March 2010 is dismissed with costs. Any further documents filed in the present proceedings are to be filed with 3 days notice to the plaintiffs

CATCHWORDS : POSSESSION - Notice of Motion to set aside Judgement - no question of principle

LEGISLATION CITED : Consumer Credit Act

CATEGORY : Consequential orders

Ginelle Pty Limited - Plaintiff PARTIES : Balbir Singh - 1st Defendant Prem Jeet Kaur Singh - 2nd Defendant

FILE NUMBER(S) : SC 292530/09

COUNSEL : Markus Young - Plaintiff Jonathan Taylor - Defendants

SOLICITORS : Nugent Wallman & Carter - Plaintiff

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

LATHAM J

9 March 2010

292530/09 - GINELLE PTY LIMITED v BALBIR SINGH & ANOR

JUDGMENT

1 In this matter the proceedings were commenced by statement of claim filed 6 February 2009. The proceedings relate to a debt owed by the defendants to the plaintiff pursuant to a loan extended by the plaintiff to the defendants which was apparently used primarily for the purchase of a residential property. 2 A defence was filed on 4 March 2009 by the defendants, para 14 of which asserted that the loan was governed by the Consumer Credit Code on the basis that the loan was for personal and domestic purposes and was within the definition of s 11 of the Code.

3 On 3 April 2009 the plaintiff filed a notice of motion for summary judgment. An affidavit in support of that notice of motion filed on the same day annexes (Annexure C), a form under the Consumer Credit Act entitled Consumer Credit Code Declaration.