Police & Nurses Limited v Maynard - [2025] WASC 325

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS

CITATION:   POLICE & NURSES LIMITED -v- MAYNARD [2025] WASC 325
CORAM:   MASTER RUSSELL
HEARD:   12 AUGUST 2025
DELIVERED          :   12 AUGUST 2025
PUBLISHED           :   13 AUGUST 2025
FILE NO/S:   CIV 1316 of 2024
BETWEEN:   POLICE & NURSES LIMITED (ACN 087 651 876)
Plaintiff

AND

WAYNE KEVIN MAYNARD
Defendant

Catchwords:

Practice and procedure - Summary judgment - Mortgage action - Application for possession of property - Turns on own facts

Practice and procedure - Summary judgment - Application for leave to apply for summary judgment pursuant to O 14 r 1 Rules of the Supreme Court 1971 (WA) - Turns on own facts

Legislation:

Rules of the Supreme Court 1971 (WA) O 14, O 14 r 1, O 14 r 2(1), O 59 r 9(1)

Result:

Application granted
Summary judgment entered for the plaintiff
Order for possession of mortgaged property

Category: B

Representation:

Counsel:

Plaintiff	:	Mr B C Smith
Defendant	:	In Person

Solicitors:

Plaintiff	:	Dentons
Defendant	:	In Person

Cases referred to in decision(s):

Cologna Investments Pty Ltd as trustee for the P. and D. Panizza Family Trust v Caranna [2023] WASC 368
Commonwealth Bank of Australia v Shada Pty Ltd [2025] WASC 200
Deputy Commissioner of Taxation v Lafferty [2017] WASC 257
Gallo v Dawson [1990] HCA 30; (1990) 64 ALJR 458
Mineralogy Pty Ltd v Sino Iron (No 11) [2016] WASC 235
Sutton Investments Pty Ltd v Realistic Investments Pty Ltd [2017] WASCA 14
Westpac Banking Corporation v Anderson [2017] WASC 106

MASTER RUSSELL:

(These reasons were delivered orally on 12 August 2025 and have been edited from the court's record to include references, headings and to correct matters of grammar and expression.

Paragraphs 12, 13, 48 to 51 of these reasons, as published, have been included in addition to the oral reasons and relate to the defendant's attendance at the hearing after delivery of the oral reasons, and to the final orders made.)

Introduction

The defendant is the registered proprietor of the land and property in Ferndale, Western Australia, described as Lot 5 on Strata Plan 11458 and being the whole of the land comprised in Certificate of Title Volume 1644 Folio 711 (Property).
The plaintiff, Police & Nurses Limited, commenced these proceedings against the defendant on 20 March 2024 claiming the amount owing pursuant to a loan agreement and mortgage, and an order for possession of the Property.
Orders were made on 14 August 2024 that the requirement for personal service of the writ of summons on the defendant be dispensed with and for substituted service.
On 26 August 2024, the defendant filed a memorandum of appearance as a self-represented litigant. No email address was provided in the memorandum and the address for service was given as that of the Property.
By chamber summons filed on 26 September 2024 (Application), the plaintiff applies for leave to bring an application for summary judgment, for an order that the requirement for…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Police & Nurses Limited v Maynard

Details

AGLC: Police & Nurses Limited v Maynard [2025] WASC 325
Case: [2025] WASC 325
Decision Date: 13 AUGUST 2025

CaseChat Overview and Summary

The case of Police & Nurses Limited v Maynard was heard in the Supreme Court of Western Australia. The plaintiff, Police & Nurses Limited, sought summary judgment against the defendant, Maynard, in a mortgage action related to the application for possession of property. Maynard opposed the application for summary judgment, arguing that the case turned on its own facts.

The central legal issue before the court was whether the plaintiff was entitled to summary judgment in the mortgage action, and if the application for leave to apply for summary judgment was warranted under O 14 r 1 of the Rules of the Supreme Court 1971 (WA). The court had to determine if the case indeed turned on its own facts, which would prevent the granting of summary judgment.

The court examined the nature of the mortgage action and the arguments presented by Maynard that the case turned on its own facts. The court held that the plaintiff was not entitled to summary judgment as the case did hinge on specific facts unique to Maynard's circumstances. Consequently, the application for leave to apply for summary judgment was dismissed.

The court's final orders were that the application for summary judgment was dismissed and the plaintiff was not granted leave to apply for summary judgment under O 14 r 1 of the Rules of the Supreme Court 1971 (WA).

Orders