AR Mortgages Pty Ltd v SC Investments International Pty Ltd ATF the Domain Unit Trust

In the case of AR Mortgages Pty Ltd v SC Investments International Pty Ltd ATF the Domain Unit Trust, the plaintiff sought to enforce a default judgment for possession of residential property located at 18 Sunflower Crescent, Upper Caboolture. The plaintiff, being the registered first mortgagee, obtained a default judgment for possession on 23 September 2016, after the defendant failed to respond to the claim. The judgment was served on the defendant on 19 October 2016, and the tenants were notified to vacate by 24 December 2016, which they did not do. The plaintiff's application for an enforcement warrant was previously adjourned to allow service of the relevant material on the tenants, which was effected by express post on 11 May 2017. No response has been received from either the tenants or the defendant.

The court had to decide whether the plaintiff should be granted an enforcement warrant to enforce the order for possession of the property. The key issue was whether the plaintiff had given due notice of the application to all parties affected by the enforcement warrant. The court noted that the plaintiff had fulfilled its duty by serving the relevant material on the defendant and the tenants, and no objections had been raised by any party. Given that the plaintiff had a judgment in its favour and had duly notified all affected parties, the court found no reason to deny the plaintiff's application for an enforcement warrant.

The court found that it was appropriate to enforce the previous order for possession of the land, grant leave for the issue of an enforcement warrant, and refer the application to the Registrar for further action. The court's decision was based on the principle that a judgment creditor is entitled to the benefit of their judgment, and appropriate steps should be taken to enforce it when the debtor fails to comply voluntarily. The court made orders in accordance with the amended draft, which it initialled and placed with the papers.