Nibar Investments Pty Ltd v Manikad Pty Ltd [2014] NSWSC 920

Supreme Court New South Wales

Medium Neutral Citation: Nibar Investments Pty Ltd v Manikad Pty Ltd [2014] NSWSC 920 Hearing dates: 9 July 2014 Decision date: 09 July 2014 Jurisdiction: Common Law Before: Davies J Decision: 1. Judgment for the Plaintiff for possession of the whole of the land described in Folio Identifier 17/10707 known as 27 Scarborough Street, Monterey, New South Wales. 2. An order pursuant to part 6 rule 24 that Maria Sophie Angelou be joined as the Second Cross-Claimant in the proceedings. 3. Leave to the Defendant and the Second Cross-Claimant to file and serve an affidavit in the form of annexure A to the affidavit of Maria Sophie Angelou sworn 4 July 2014. 4. The Plaintiff has leave to issue a writ to enforce the judgment of the Court, such writ is not to be executed until 8 September 2014. 5. Stand the matter over to the Registrar's list on 18 July 2014. Catchwords: REAL PROPERTY - possession of land - default under mortgage - loan amount used to purchase land - defence under Contracts Review Act - unconscionability - summary judgment sought - whether a defence to claim for possession PROCEDURE - joinder of parties - claim by guarantor to be joined to proceedings as cross-claimant - similar claims by borrower and guarantor - order for joinder made Legislation Cited: Contracts Review Act 1980 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian and New Zealand Banking Group Limited v Fink [2013] NSWSC 1781 Collier v Moreland Finance Corp (1989) 6 BPR 13, 337; [1989] ANZ ConvR 515 First Mortgage Managed Investments Pty Limited v Pittman [2014] NSWCA 110 Category: Interlocutory applications Parties: Nibar Investments Pty Ltd (Plaintiff) Manikad Pty Ltd (Defendant) Representation: Counsel: A Rogers (Plaintiff) D Allen (Defendant) Solicitors: Baccus Investments Ltd - In house Solicitors (Plaintiff) Ronayne Owens Lawyers (Defendant) File Number(s): 2013/329309