Nationwide Capital v Boutros Constructions [2013] NSWSC 976

Supreme Court New South Wales

Medium Neutral Citation: Nationwide Capital v Boutros Constructions [2013] NSWSC 976 Hearing dates: 09/07/2013 Decision date: 09 July 2013 Jurisdiction: Equity Division - Corporations List Before: McDougall J Decision: Third defendant to give plaintiff vacant possession of mortgaged property. Writ of possession to issue. Execution stayed until further order. Catchwords: PRACTICE & PROCEDURE - judgments & orders - orders - where plaintiff did not seek an order for possession in initiating process or during hearing - where court ordered property be sold subject to the supervision of the court - whether thereafter plaintiff could obtain order for possession - whether order for possession can be made pursuant to and for the purpose of working out the order for sale. Cases Cited: Australian Hardboards Limited v Hudson Investment Group Limited (2007) 70 NSWLR 201 Heath v Crealock (1874) 10 Ch App 22 King Investment Solutions Pty Limited v Hussain [2005] NSWSC 1076 Harden Shire Council v Richardson [2012] NSWSC 622 Mango Media Pty Limited v Smith [2012] NSWSC 686 Nationwide Capital Pty Limited v Boutros Constructions Pty Limited [2012] NSWSC 1472 Phillips v Walsh (1990) 20 NSWLR 206 Category: Consequential orders Parties: Nationwide Capital Pty Ltd (Plaintiff) Boutros Constructions Pty Ltd (R&M Appointed) (First Defendant) Chalita Boutros (Second Defendant) Malke Boutros (Third Defendant) Westpac Banking Corporation (Fourth Defendant) Credit Corp Service Pty Ltd (Fifth Defendant) New Studios Pty Ltd (Sixth Defendant) Representation: Counsel: M W Young SC (Plaintiff) D A Allen (Second and Third Defendants) J Parkin (Fourth Defendant) Solicitors: Bransgroves Lawyers (Plaintiffs) Russ & Co (First, Second and Third Defendants) Kemp Strang (Fourth Defendant) Francis Commercial Lawyers Pty Ltd (Fifth Defendant) File Number(s): 2011/198240