Australia, July 10 -- New South Wales Land and Environment Court issued text of the following judgement on June 11:

1. Investment Group Australia Pty Ltd (plaintiff) is an equitable mortgagee seeking orders for judicial sale of the property at X Auburn Road, Birrong NSW, folio identifier X (Property). The Property is owned by the second defendant, Mr Tuong Huy Nguyen (Mr Nguyen).

2. The proceedings were commenced by the plaintiff with the filing of a statement of claim on 1 December 2024.

3. No other party has appeared in the proceeding save for the fourth defendant, Perpetual Trustee Company Limited (Perpetual), which holds a first-registered mortgage on the title of the Property. Perpetual has filed a notice of submitting appearance.

4. For the reasons set out below, I am satisfied that the Court should grant the relief sought by the plaintiff.

Claims not pressed

5. he plaintiff no longer seeks judicial sale of another property in Bankstown that Mr Nguyen owns, as the fifth defendant, Orde Mortgage Custodian Pty Ltd, took possession of that property on or about 22 April 2025. The plaintiff does not dispute the fifth defendant's priority in relation to the Bankstown property. Accordingly, the plaintiff seeks leave to discontinue the claims in relation to the Bankstown property with no order as to costs.

6. The plaintiff also no longer seeks relief against the first defendant, Vinrec Australia Pty Ltd (Vinrec). As the first defendant is now in liquidation, the plaintiff would need leave pursuant to s 471B of the Corporations Act 2001 (Cth) to proceed, however, leave is not sought by the plaintiff.

Overview of the evidence

7. In support of the claim for the judicial sale of the Property, the plaintiff relies upon two substantive affidavits of the director of the plaintiff, Mr Spiro Geha (Mr Geha), both dated 22 May 2025. The plaintiff also relies upon a number of affidavits of service. I have marked the affidavits to be relied upon by the plaintiff as Exhibit A in the proceedings.

8. In addition, counsel for the plaintiff tendered several documents before me this afternoon.

9. I am satisfied that all of the documents in relation to the proceedings have relevantly been served on the defendants and the defendants are aware of the hearing today but have chosen not to take any role in the proceedings. The matter was called outside Court this afternoon and there were no appearances for the second and third defendants.

Relevant facts

10. Neither of the second and third defendants has filed a defence to the statement of claim. Under the Uniform Civil Procedure Rules 2015 (NSW), rule 14.26, the allegations of fact in the statement of claim are deemed to be admitted: See Brady v Brady [2025] NSWSC 217 at [69], and the cases there referred to.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19762fb518dfc65600cb7de9)

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