Friend v Reavill Farm Pty Ltd [2018] NSWSC 1321

Supreme Court New South Wales

Medium Neutral Citation: Friend v Reavill Farm Pty Ltd [2018] NSWSC 1321 Hearing dates: 27 August 2018 Date of orders: 29 August 2018 Decision date: 29 August 2018 Jurisdiction: Common Law Before: Harrison J Decision: (1) I give judgment for the plaintiffs for possession of the land described in the statement of claim. (2) I grant leave to the plaintiffs forthwith to apply for a writ of possession. (3) I stay the execution of the writ of possession up to and including 5.00pm on Friday 7 September 2018. (4) I give judgment for the plaintiffs against the defendants for $879,556.24 together with interest from today upon that sum at the rate for which the plaintiffs' mortgage provides. (5) I order the defendants to pay the plaintiffs' costs. (6) I grant liberty to the parties to apply on 24 hours' notice. Catchwords: LAND LAW – mortgages – possession of land – default – where defendants are seeking to refinance the loan – where defendants have sat on their hands when the need for action was staring them in the face

CIVIL PROCEDURE – summary disposal – judgment for plaintiff – where defendants concede that the plaintiffs are entitled to relief Legislation Cited: Farm Debt Mediation Act 1994 (NSW) Real Property Act 1900 (NSW) Category: Principal judgment Parties: Jeffrey Friend (First Plaintiff) Patricia Anne Holt (Second Plaintiff) Reavill Farm Pty Ltd (First Defendant) Tucki Hills Pty Ltd (Second Defendant) Representation: Counsel: M Gunning (Plaintiffs)