Southern Cross Credit Union Ltd v Reavill Farm Pty Ltd (No 2)

Southern Cross Credit Union Limited, acting as the mortgagee, brought an action against Reavill Farm Pty Ltd, the mortgagor, in the Supreme Court of Queensland. The plaintiff sought a declaration of entitlement to possession of certain land, a writ for possession, and an order for the payment of costs. The dispute arose from the mortgagor's failure to repay the outstanding balance of a mortgage secured by the land. The mortgagor defaulted on its repayment obligations, prompting the plaintiff to seek the relief mentioned above.

The primary legal issue before the court was whether the plaintiff was entitled to the relief sought. Specifically, the court had to determine whether the mortgagor's defence was valid and, if not, whether the plaintiff was entitled to a default judgment. Furthermore, the court needed to decide whether the plaintiff was entitled to the costs associated with the proceedings.

The court found that the mortgagor's defence was invalid and, as a result, struck out the defence. The court then entered a default judgment for the plaintiff on its claim for possession of the land. The court also granted the plaintiff leave to issue a writ for possession of land and ordered that the costs of the proceeding should follow the event on the ordinary basis, as agreed or assessed. The court ruled that the plaintiff was entitled to the relief sought and to the costs associated with the proceedings. The court further ordered that final orders be made in accordance with the judgment.