RHG Mortgage Corporation Ltd v Sava

RHG Mortgage Corporation Ltd brought an application for summary judgment against Sava in the Supreme Court of Queensland, seeking to recover a debt owed under a loan agreement and mortgage. The respondent, Sava, contended that there should have been a modification to his obligations under the mortgage due to financial hardship. The court was tasked with determining whether summary judgment should be granted in favour of the mortgagee.

The court considered whether the mortgagee's application for summary judgment was appropriate, given the respondent's contention of financial hardship. The respondent had to demonstrate that there were genuine issues that needed to be tried in relation to the hardship defence. The court examined the evidence and submissions to ascertain if there were any triable issues. The court concluded that there were no genuine issues that warranted a trial and that the respondent's hardship defence did not succeed as a matter of law.

The court dismissed the respondent's application and struck out his counter-claim. It ordered that the respondent pay the full amount of the debt, including interest, to the mortgagee. The court also granted possession of the mortgaged property to the mortgagee and ordered the respondent to pay the mortgagee's costs of the proceedings. The court found that the mortgagee was entitled to summary judgment and that there were no triable issues in relation to the respondent's defence of hardship.