Secure Funding Pty Ltd v King

Secure Funding Pty Ltd, as the mortgagee, brought an action against King, the mortgagor, seeking possession of land, pursuant to a mortgage agreement. The case was heard in the Supreme Court of Victoria. The mortgagor, King, argued that there were certain defences which would prevent the mortgagee from obtaining possession of the property. The court had to determine whether the defences raised by the mortgagor were sufficient to prevent the mortgagee from obtaining possession of the land.

The court considered the nature of the mortgage agreement and the obligations of both parties. It was necessary to examine whether the mortgagor had any valid defences to the mortgagee's claim. The mortgagor raised several arguments, including claims of unconscionable conduct and that the mortgage was obtained by fraud. However, the court found that these defences were not substantiated by evidence and were, in fact, implausible. The court held that the mortgagor had failed to provide any credible evidence to support their defences.

As a result of the court's findings, the defences raised by the mortgagor were struck out, and the mortgagee was granted possession of the property. The court's decision was based on the lack of credible evidence provided by the mortgagor to support their defences. The court found that the mortgagee's claim for possession of the property was valid and enforceable. The mortgagor's appeal was dismissed, and the mortgagee was granted possession of the land as sought in the initial claim.