Roxo v Normandie Farm (Dairy) Pty Ltd [2015] NSWSC 895

Supreme Court New South Wales

Medium Neutral Citation: Roxo v Normandie Farm (Dairy) Pty Ltd [2015] NSWSC 895 Hearing dates: 31 March 2015 Date of orders: 08 July 2015 Decision date: 08 July 2015 Jurisdiction: Common Law Before: Schmidt J Decision: Normandie give Mr Roxo possession of the whole of the land and improvements described as Lots 17, 19 and 32 in Deposited Plan XXXXXX and Lot 6 in Deposited Plan XXXXXX being the whole of the land in Folio identifiers 17/XXXXXX, 19/XXXXXX, 32/XXXXXX and 6/XXXXXX and known as XXXX XXXXXX XXXX Road Bungonia in the State of New South Wales ("the Property"). Catchwords: MORTGAGES – mortgages and charges generally – the mortgage – mortgage to secure borrowings – possession of property – whether plaintiff was estopped from charging interest – whether interest enforceable on account of unconscionability – whether defendant repaid principal due under the mortgage – whether defendant in default under the mortgage – whether plaintiff entitled to possession – order of possession made Legislation Cited: Conveyancing Act 1919 (NSW) Farm Debt Mediation Act 1994 (NSW) Limitation Act 1969 (NSW) Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Principal judgment Parties: Ross Roxo (Plaintiff) Normandie Farm (Dairy) Pty Ltd (Defendant) Representation: Counsel: Mr MW Young SC (Plaintiff) Mr D Parish (Defendant)

Solicitors: Duncan Scott Solicitor (Plaintiff) O'Neill Partners – Commercial Lawyers (Defendant) File Number(s): 2013/102473 Publication restriction: None