RHG Mortgage Corporation Ltd v Summerfield [2018] NSWSC 972

Supreme Court New South Wales

Medium Neutral Citation: RHG Mortgage Corporation Ltd v Summerfield [2018] NSWSC 972 Hearing dates: 27–28 November 2017 Date of orders: 29 June 2018 Decision date: 29 June 2018 Jurisdiction: Common Law Before: Garling J Decision: (1) Amended Statement of Claim dated 5 May 2017 dismissed. (2) Plaintiff to pay the defendants' costs. (3) In the event that either party seeks a different order from Order (2), then on or before 13 July 2018, a motion accompanied by all material relied upon and an outline of submissions shall be filed and served on the opposing party, and a copy provided to my Associate. (4) The party in receipt of such motion is, on or before 27 July 2018, to file and serve all material upon which they rely, together with all submissions on the opposing party, and to provide a copy to my Associate. (5) Any costs application is to be determined on the papers unless the Court of its own motion relists the matter for oral argument. (6) Liberty to apply on 24 hours' notice. Catchwords: MORTGAGES AND SECURITIES – rights and liabilities of mortgagor and mortgagee – whether mortgage and loan agreement entitled mortgagee to possession of land – where writ of possession previously executed – whether mortgagors were in default of a subsequent agreement with the mortgagee which entitled them to retake possession of the property – where 'arrears adjustment' made to loan account – whether default notices complied with requirements of the loan agreement – whether fees and charges applied to loan account accorded with the loan agreement – default not established – mortgagee not entitled to possession