Perpetual Nominees Limited v Catherine Margaret Francis [2011] NSWSC 56

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Nominees Limited v Catherine Margaret Francis [2011] NSWSC 56 Hearing dates: 17 February 2011 Decision date: 18 February 2011 Before: Schmidt J Decision: 1. In the event that the contract for the sale of the properties known as 2 to 32 Vine Street, Redfern and 32 to 34 Eveleigh Street, Redfern (being the whole of the land in folio identifiers 1/627353, 2/627353, and 1/395992) from the defendants to Shepherd Street Pty Ltd ACN 127078880, which exchanged on 1 December 2010, has not settled by 5.00pm on 14 March 2011, upon application in writing by the solicitor for the plaintiff to the Associate to Schmidt J, (a) judgment will be entered for the plaintiff for: (i) possession of the property known as 2 to 14 Vine Street, Redfern (being the whole of the land in folio identifier 1/627353); (ii) possession of the property known as 32 to 34 Vine Street, Redfern (being the whole of the land in folio identifier 2/627353); (iii) the amount of $2,147,247.29, being the amount of the debt under the Loan Agreement as at 11 February 2011; (iv) interest to accrue on the judgment referred to in the preceding sub-paragraph in accordance with the provisions of the Loan Agreement at the rate of $641.76 per day; and (b) leave will be granted to the plaintiff for a writ of possession for the properties referred to in paragraphs 1(a)(i) and 1(a)(ii) to issue forthwith; and (c) no order will be made in relation to costs. 2. Grant liberty to apply on 1 day's notice. Catchwords: PROCEDURE - Supreme Court procedure - New South Wales - summary judgment sought - whether consent judgment would be held in escrow until completion of sale - no triable issue found - section 52(2)(b) of the Real Property Act 1900 - whether there were technical difficulties with entry of judgment flowing from s 52(2)(b) of the Real Property Act 1900 - hardship - whether judgment and leave to issue writ of possession should be made - orders taking account of hardship made Legislation Cited: Real Property Act 1900 Category: Principal judgment Parties: Perpetual Nominees Limited - Plaintiff Robert Michael Francis - First Defendant Catherine Margaret Francis - Second Defendant Representation: Counsel: Mr DW Rayment (Plaintiff) Mr BAM Connell (Defendants) Solicitors: Gadens - Plaintiff PMF Legal - Defendants File Number(s): 2010/302862