McKenzie v Turnbull [2020] NSWSC 1328

McKenzie v Turnbull [2020] NSWSC 1328

Because the Second Respondent failed to pay the $2,500,000.00 settlement sum by 30 June 2020, paragraph 2.5 of the Deed of Settlement permitted the Plaintiffs to enter judgment forthwith, and in the absence of opposition it was appropriate to enter judgment and order pre-judgment interest and costs under the Civil Procedure Act 2005 (NSW) and the Uniform Civil Procedural Rules 2005 (NSW).

Jurisdiction
Australia
Judgment Date
29 September 2020
Procedural Posture
Common Law Proceeding Concerning Entry of Judgment Under a Deed of Settlement and Release / Amended Notice of Motion for Entry of Judgment After Default of Payment Under Settlement
Outcome
Motion granted; proceeding reinstated and judgment entered for the Plaintiffs against the Second Respondent with pre-judgment interest and costs.
Legal Topics
['default of Payment Under Settlement Deed' 'entry of Judgment' 'pre Judgment Interest' 'costs of Motion']
['civil Procedure' 'deed of Settlement and Release' 'common Law Damages'] ['default of Payment Under Settlement Deed' 'entry of Judgment' 'pre Judgment Interest' 'costs of Motion']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Common Law Proceeding Concerning Entry of Judgment Under a Deed of Settlement and Release / Amended Notice of Motion for Entry of Judgment After Default of Payment Under Settlement

Legal Issues

  1. 1 ['Whether the proceeding should be reinstated for entry of judgment.' 'Whether judgment should be entered against the Second Respondent in her personal capacity for the settlement sum after failure to pay by 30 June 2020.' 'Whether pre-judgment interest should be ordered pursuant to s 100 of the Civil Procedure Act 2005 (NSW).' "Whether the Second Respondent should pay the Plaintiffs' costs of the motion."]

Ratio Decidendi

Because the Second Respondent failed to pay the $2,500,000.00 settlement sum by 30 June 2020, paragraph 2.5 of the Deed of Settlement permitted the Plaintiffs to enter judgment forthwith, and in the absence of opposition it was appropriate to enter judgment and order pre-judgment interest and costs under the Civil Procedure Act 2005 (NSW) and the Uniform Civil Procedural Rules 2005 (NSW).

Court Disposition

Motion granted; proceeding reinstated and judgment entered for the Plaintiffs against the Second Respondent with pre-judgment interest and costs.

Orders

  • ['The proceeding be reinstated.' 'Pursuant to paragraph 2.5 of the deed of settlement executed by the First Plaintiff, the State of NSW, Robeena June Turnbull and Grant Wesley Turnbull, in their capacity as the executors of the estate of the late Ian Robert Turnbull, and the Second Respondent and agreed to take...