GIBBONS & GIBBONS

The parties to this proceeding were Gibbons & Gibbons, the applicants, and the respondent, whose identity is not specified in the provided text. The dispute concerned an application for an order for possession of a property. The matter came before Altobelli J in the Supreme Court of New South Wales.

The primary legal issue before the Court was whether the applicants, as mortgagees, were entitled to an order for possession of the mortgaged property. This required the Court to consider the terms of the mortgage agreement and the relevant provisions of the *Real Property Act 1900* (NSW) and the *Conveyancing Act 1919* (NSW), particularly concerning the rights of mortgagees to take possession.

Altobelli J determined that the applicants had established their right to possession. The Court found that the mortgage agreement contained a provision granting the mortgagee the right to enter into possession of the mortgaged land upon default. As default had occurred, the applicants were entitled to exercise this right. The Court applied the principle that a mortgagee's right to possession arises from the mortgage instrument itself, subject to statutory limitations, and that upon default, this right can be enforced.

The Court made orders granting possession of the property to the applicants.