Australia, April 26 -- New South Wales Land and Environment Court issued text of the following judgement on March 26:
1. By Summons filed 17 October 2024, the Plaintiff, ASCF Funding Solutions Pty Ltd, seeks an order that the Defendant pay to the Plaintiff the sum of $255,145, as well as a declaration that the Plaintiff has an equitable interest in certain land in Vaucluse.
2. The Plaintiff contends that the right to payment and the alleged charge arise from the terms of a Letter of Offer of Finance that was dated and signed by the Defendant on 11 September 2024 ('Letter of Offer').
3. The Letter of Offer included provisions concerning various fees, including an Establishment Fee.
4. For reasons I will come to, the Letter of Offer did n...