Gray v Latter (No.2) [2014] NSWSC 207

Gray v Latter (No.2) [2014] NSWSC 207

Defendants were substantially successful in obtaining variation of the mortgage and orders more favourable than their offers; consequently, the plaintiffs are ordered to pay the defendants’ costs as there is no reason to depart from the usual rule that costs follow the event.

Jurisdiction
Australia
Judgment Date
11 March 2014
Procedural Posture
Contract Review/costs Application / Final Orders and Costs
Outcome
Orders made; defendants substantially succeeded; costs to defendants.
Legal Topics
['contracts Review' 'mortgage Variation' 'costs Order']
['contract Law' 'civil Procedure'] ['contracts Review' 'mortgage Variation' 'costs Order']

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Procedural Posture

Contract Review/costs Application / Final Orders and Costs

Legal Issues

  1. 1 ['Whether the mortgage contract should be varied under Contracts Review Act 1980 (NSW)' 'Appropriate orders as to costs given success and offers during proceedings']

Ratio Decidendi

Defendants were substantially successful in obtaining variation of the mortgage and orders more favourable than their offers; consequently, the plaintiffs are ordered to pay the defendants’ costs as there is no reason to depart from the usual rule that costs follow the event.

Court Disposition

Orders made; defendants substantially succeeded; costs to defendants.

Orders

  • ['Vary contract price for 129 Davis Road, Swan Bay from $240,000 to $167,500 and amend clause 39.' 'Vary mortgage principal from $235,000 to $162,500.' 'Plaintiffs to deliver discharge of mortgage if defendants pay $137,900 (less amounts since 28 Feb 2014) within 12 weeks from 28 February 2014, and continue paying...