Broadway Credit Union v Bellamy

In the matter of Broadway Credit Union v Bellamy, the court was tasked with resolving a dispute concerning the appointment of a trustee under section 66G of the Conveyancing Act 1919 (NSW). The case was brought to the Supreme Court of New South Wales. The primary issue revolved around whether the court had the jurisdiction to appoint a trustee in the absence of a prior application and whether the plaintiff, Broadway Credit Union, was entitled to summary judgment against the second defendant, Bellamy.

The court considered the legal principles surrounding the appointment of trustees under section 66G and the procedural requirements for obtaining summary judgment. It was necessary to determine whether the court could exercise its discretion to appoint a trustee without a prior application and whether the plaintiff had met the criteria for summary judgment against the second defendant. The court also examined the evidence and submissions presented by both parties to ascertain the merits of the application.

The court held that it had the discretion to appoint a trustee under section 66G, even in the absence of a prior application. The court found that the plaintiff had satisfied the requirements for summary judgment against the second defendant. The reasoning was based on the lack of a bona fide defence by the second defendant and the plaintiff's entitlement to recover the outstanding debt. Consequently, the court granted the plaintiff's application for the appointment of a trustee and awarded summary judgment in favour of the plaintiff against the second defendant.

The final orders included the appointment of a trustee by the court and the granting of summary judgment against the second defendant. The court ordered that the second defendant pay the outstanding debt to the plaintiff, along with interest and costs.