Capital Access Australia Pty Limited v Hraiki and Anor [2011] NSWSC 109

Supreme Court New South Wales

Medium Neutral Citation: Capital Access Australia Pty Limited v Hraiki and Anor [2011] NSWSC 109 Hearing dates: 23 November 2010, 24 November 2010, 25 November 2010 and 26 November 2010 Decision date: 04 March 2011 Jurisdiction: Common Law Before: Schmidt J Decision: Subject to any submissions as to costs, the parties should bring in short minutes, which appear to me should provide: 1. Judgment for the Plaintiff for possession of the land comprised in Folio Identifier 11/218470 situated at and known as 127 Mimosa Road, Greenacre in the sate of New South Wales, (hereinafter referred to as "the land"). 2. I grant the Plaintiff leave to issue a writ of possession of the land forthwith. 3. Judgment for the Plaintiff against the Defendants in the sum of $311,102.50, plus interest, charges and expenses calculated in accordance with the loan agreement to today, the date of judgment. 4. Pursuant to s 101 Civil Procedure Act 2005 the defendants are to pay interest on that amount from the date of judgment to be calculated daily in accordance with the provisions for the payment of interest under the loan agreement, on so much money as is from time to time unpaid. 5. The Defendants are to pay the Plaintiff's costs of the proceedings. Catchwords: MORTGAGES - mortgages and charges generally - remedies of the mortgagor - orders sought for possession - whether defendants authorised a third party to obtain the loan - authority established - whether defendants signed the loan documents - allegation of fraud or forgery - whether signatures were forged - whether loan was obtained with defendants' knowledge - whether defendants were bound by documents which they did not sign - Contracts Review Act 1980 (NSW) - whether contract unjust