Costa Asset Management Pty Ltd v Mansour [2020] NSWSC 449

Supreme Court New South Wales

Medium Neutral Citation: Costa Asset Management Pty Ltd v Mansour [2020] NSWSC 449 Hearing dates: 24 April 2020 Decision date: 24 April 2020 Jurisdiction: Common Law Before: R A Hulme J Decision: 1. The Plaintiff by itself, staff, employees, agents, solicitors or otherwise be restrained until 1 May 2020 from disposing of or dealing with in any manner whatsoever any of the personal property, motor vehicles and other equipment of the First Defendant and the Second Defendant ("the Defendants") situated on the property at 11 Knights Road, Galston, NSW, 2159, being that land contained in Folio identifier 1/1198850 ("the Galston Property"). 2. The Defendants are to remove all of their personal property, motor vehicles and other equipment from the Galston Property on or before 30 April 2020, subject to Order 4. 3. For the purpose of enabling Order 2, the Plaintiff is to permit the Defendants and their servants and agents access to the Galston Property on each day up to and including 30 April 2020 between the hours of 8am and 4pm, or such other eight-hour period per day as may be agreed. 4. In the performance of the removal referred to in Order 2, the four Bentley sedans and the one Chevrolet Corvette that are on the Galston Property are not to be removed until all of the Defendants' other personal property, motor vehicles and other equipment have been removed. 5. There is no order as to costs. Catchwords: MORTGAGES AND SECURITIES – mortgagee in possession – dispute as to removal of personal items of mortgagor – no question of principle Category: Principal judgment Parties: Costa Asset Management Pty Ltd (Plaintiff) Ashraf Mansour (First defendant) Mary Mansour (Second defendant) Representation: Counsel: Ms M Daniels (Plaintiff) Mr R Phair (Defendants)