Pepper Finance Corporation v Williams [2007] NSWSC 1236

In this case the borrower, Lydia Williams, filed a Defence to a claim for possession by Pepper Finance Corporation, she also filed a cross-claim and a Amended Defence. The lender filed a motion for summary judgement on the basis the defence did not disclose any arguable defence to the claim for possession. The borrower then filed her own motion seeking orders that:

  1. All motions filed by Pepper Finance Corporation be dismissed
  2. The Chief Executive Officer of Pepper Finance Corporation settle the matter by way of mediation
  3. Pepper Finance Corporation release the property title deeds to the defendant and settle the property matters with the defendant.

The defendant borrower also raised the question of whether the Court had jurisdiction to hear the matter. The Court determined that it had jurisdiction, that the Defence and Cross-Claim were baseless and dismissed the motion filed by the borrower ordering possession. The question of whether a writ should be issued or stayed was referred to the Registrar. It is submitted that His Honour ought to have saved all parties time and legal fees by ordering that a writ issue.

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