Reliance Financial Services Pty Ltd v Allyma Express Holdings Pty Ltd [2018] NSWSC 1163

Supreme Court New South Wales

Medium Neutral Citation: Reliance Financial Services Pty Ltd v Allyma Express Holdings Pty Ltd [2018] NSWSC 1163 Hearing dates: 26/07/2018 Date of orders: 26 July 2018 Decision date: 26 July 2018 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Make orders for delivery up of motor vehicles. Make ancillary orders. Catchwords: CIVIL PROCEDURE – leave sought to rely on affidavits and commercial list response filed out of time and on the eve of the hearing – leave refused due to extreme prejudice to plaintiff.

PERSONAL PROPERTY – security interests granted over all property of the relevant defendants in accordance with various loan agreements – loan agreements breached – plaintiff entitled to order for delivery up of the specified propertied interests. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Category: Principal judgment Parties: Reliance Financial Services Pty Ltd (Plaintiff) Allyma Express Holdings Pty Ltd (First Defendant) Allyma Holdings Pty Ltd (Second Defendant) Sydney Bulk Haulage Pty Ltd (Third Defendant) Sydney Bulk Holdings Pty Ltd (Fourth Defendant) Camden Haulage Pty Ltd (Fifth Defendant) Allyma Pty Ltd (Sixth Defendant) B.J.L.'s Transport Pty Ltd (Seventh Defendant) S.J.P. Express Pty Ltd (Eight Defendant) Harold James Price (Ninth Defendant) Scott James Price (Tenth Defendant) Megan Louise Dreyer (Eleventh Defendant) Suzanne Olivia Ingham (Twelfth Defendant) Representation: Counsel: D Allen (Plaintiff) F Reynolds (First Defendant) P Lonergan (Ninth and Tenth Defendants) M Jaireth (Eleventh Defendant)