Balanced Securities Ltd v Owston Nominees No 2 Pty Ltd (Receivers and Managers appointed)(in liquidation) [2011] NSWSC 1230

Supreme Court New South Wales

Medium Neutral Citation: Balanced Securities Ltd v Owston Nominees No 2 Pty Ltd (Receivers and Managers appointed)(in liquidation) [2011] NSWSC 1230 Hearing dates: 10 October 2011 Decision date: 10 October 2011 Jurisdiction: Equity Division - Commercial List Before: Rein J Decision: Judgment for the plaintiff against the defendants for possession of lands the subject of these proceedings Catchwords: EQUITY - plaintiff lent funds to the first defendant - the property which is the subject of the proceedings was mortgaged to the plaintiff as security for the debt - whether the first defendant is in default of its obligations under the loan facility agreement and as mortgagor - the plaintiff seeks possession of the property in order to effect a sale of the property as a mortgagee in possession - whether current occupiers of the property were served with requisite notices of these proceedings - whether the plaintiff is entitled to possession Legislation Cited: Bankruptcy Act 1966 (Cth) Category: Principal judgment Parties: Balanced Securities Ltd (plaintiff) Owston Nominees No 2 Pty Ltd (Receivers and Managers appointed)(in liquidation) (first defendant) Warren Perry Anderson (second defendant) Peter Rolf Swain (third defendant) George Lopez and Evan Verge (fourth defendants) Representation: M B J Lee SC; E Cowpe (plaintiff) R M O'Brien (third defendant) Herbert Geer (plaintiff) Gillis Delaney Lawyers (third defendant) File Number(s): SC 2011/217401