Mortgagees obtained summary judgment in a mortgage action and subsequently obtained an order permitting the issuance of writs of possession.
The corporate mortgagor defendants brought a motion to set aside or vary the order granting leave to issue the writs, alleging the order was obtained without notice and based on misleading facts.
The court held that the motion without notice was permitted under the Rules of Civil Procedure and that there was no evidentiary basis supporting the allegations of misrepresentation.
The defendants admitted the mortgage debt but provided no evidence demonstrating the ability to repay the amounts owing.
The court found no basis to interfere with the master's order and dismissed the motion.
