Lucas v Langlands [2013] NSWSC 1358

Supreme Court New South Wales

Medium Neutral Citation: Lucas v Langlands [2013] NSWSC 1358 Hearing dates: 17 September 2013 Decision date: 18 September 2013 Jurisdiction: Common Law Before: Davies J Decision: 1. The Defendants' Notice of Motion filed 15 February 2013 is dismissed. 2. Orders 2, 3 and 4 of the Short Minutes of Order made 15 February 2013 are dismissed. 3. Judgment in favour of the Plaintiffs in the sum of $352,158.91. 4. The Defendants are to pay the Plaintiffs' costs of these proceedings in accordance with the deed of loan dated 8 February 2012, including the Plaintiffs' costs of the Notice of Motion filed 15 February 2013. 5. I stay execution of the writ until 4.00pm 16 October 2013. Catchwords: REAL PROPERTY - possession of land - application to stay writ of execution - settlement of stay application - agreement allowing mortgagor time to sell property or pay higher sum to mortgagee - settlement of sale aborted because Discharge of Mortgage not properly executed by Plaintiff - purchaser in any event not available to settle - whether Plaintiff repudiated agreement - effect of sale not settling Category: Principal judgment Parties: Andrew Arnold Lucas (Plaintiff) Graeme Frank Langlands (First Defendant) Australian Technology Systems Pty Ltd (Second Defendant) Representation: Counsel: A Fitzsimons (Plaintiff) P Pollock (Defendants ) Solicitors: Sullivans Solicitors (Plaintiff) Beazley Singleton Lawyers (First Defendant) File Number(s): 2012/274753