Defined Properties Investment ATF The Defined Property Trust No 1 v National Commercial Finance Pty Ltd [2018] NSWSC 348

Supreme Court New South Wales

Medium Neutral Citation: Defined Properties Investment ATF The Defined Property Trust No 1 v National Commercial Finance Pty Ltd [2018] NSWSC 348 Hearing dates: 27 February 2018 Date of orders: 27 February 2018 Decision date: 27 February 2018 Jurisdiction: Common Law Before: Rothman J Decision: (1) Pursuant to the provisions of s 62(2) of the Civil Procedure Act 2005, the plaintiffs shall file and serve by 4 pm on 8 March 2018 a Statement of Claim defining their allegations in the substantive proceedings.

(2) The motion filed 22 January 2018 by the plaintiffs shall be stood over before the Registrar at 9.30 am on 22 January 2018.

(3) The application or motion made orally by the plaintiffs for the payment into court of an amount being the proceeds of the sale, effected pursuant to the orders of the Court, issued by Lonergan J on 16 January 2018 and by Button J on 30 January 2018, is refused.

(4) The plaintiffs shall pay the defendant's costs of today. Catchwords: POSSESSION – equitable relief sought against mortgagee – pleading required; INTERLOCUTORY RELIEF – mortgagee sale – equitable relief sought by mortgagee after sale – request for payment into court of proceeds of sale – no evidence of inability to meed any verdict or dissipation of funds – motion dismissed. Legislation Cited: Civil Procedure Act 2005 Contracts Review Act 1980 Category: Consequential orders (other than Costs) Parties: Defined Properties Investment ATF The Defined Property Trust No 1 (Plaintiff) National Commercial Finance Pty Ltd (Defendant) Representation: Solicitors: Grays Legal (Plaintiffs) ERA Legal (Defendants) File Number(s): 2017/00317826