Chalak v G & G Mikhael Pty Ltd

[2022] NSWCA 116

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Summary disposal
3. › Summary judgment for plaintiff
4. › Sufficiency of plaintiff's evidence
5. › Inconsistency on face of affidavit
6. › Proof of sum advanced inadequate
7. › Whether defence obviously untenable
8. › Uniform Civil Procedure Rules 2005 (NSW), rr 13.1, 13.4
1. Practice and Procedure
2. › Summary disposal
3. › Summary judgment for plaintiff
4. › Opportunity for defendant to amend inadequate pleadings
5. › Whether inadequacy of pleading sufficient basis for summary judgment
1. Mortgage and Securities
2. › Mortgages
3. › Form, validity and effect
4. › Whether arguable case that mortgage unjust or plaintiff's conduct unconscionable
5. › 23-year bank mortgage replaced by one repayable in full in six months
6. › Interest rate varied from 7% to 15% compounding daily
7. › Contracts Review Act 1980 (NSW), s 9
8. › Competition and Consumer Act 2010 (Cth), Sch 2, ss 18, 20, 29
1. Appeal
2. › Leave to appeal
3. › Interlocutory judgment
4. › Summary judgment disposing of major part of proceedings
5. › Whether appropriate case for grant of leave
6. › Supreme Court Act 1970 (NSW), s 101(2)(e)

Quick Take

A party seeking summary judgment for possession under a mortgage must ensure its evidence is internally consistent and complete, and cannot obtain judgment based on deficient pleadings by the defendant where the substance of the defence is arguable.