Recent Cases

Chalak v G & G Mikhael Pty Ltd [2022] NSWCA 116 (05 July 2022) (Ward P at [1]; Simpson AJA at [2]; Basten AJA at [3])


Catchwords:


APPEALS – leave to appeal – claim for summary judgment for possession of land – whether the defence raised triable issues as to (i) enforceability of mortgage and (ii) rate of interest accruing under mortgage

CIVIL PROCEDURE – summary disposal – judgment for plaintiff – sufficiency of plaintiff’s evidence – inconsistency on face of affidavit – proof of sum advanced inadequate – whether defence obviously untenable – opportunity for defendant to amend inadequate pleadings – arguable case for relief

MORTGAGE AND SECURITIES – mortgages – form, validity and effect – whether arguable case that mortgage unjust or plaintiff’s conduct unconscionable – 23-year bank mortgage replaced by one repayable in full in six months – interest rate varied from 7% to 15% compounding daily