Australia and New Zealand Banking Group Ltd v Pola [2014] NSWSC 59

Australia and New Zealand Banking Group Ltd v Pola [2014] NSWSC 59

Judgment should be entered for the balance (debt minus set off damages). Mr Pola must pay the Bank $1,738,632.40 and deliver possession of mortgaged properties. Cross-claims against Bank and agents dismissed. Costs awarded in proportion to substantial success; Bank awarded 25% of its costs against cross-claimants. Indemnity costs not enlivened. Bullock/Sanderson and gross sum costs orders declined due to lack of supporting circumstances and evidence.

Jurisdiction
Australia
Judgment Date
12 February 2014
Procedural Posture
Commercial Debt and Possession Claim With Cross Claim / Post Trial, Final Orders
Outcome
Judgment for plaintiff with set off, cross-claims dismissed, partial costs orders, possession granted.
Legal Topics
['mortgages' 'possession of Land' 'damages' 'costs Orders' 'set Off' 'judgment Orders']
['commercial Law' 'property Law' 'civil Procedure'] ['mortgages' 'possession of Land' 'damages' 'costs Orders' 'set Off' 'judgment Orders']

Case Brief

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Procedural Posture

Commercial Debt and Possession Claim With Cross Claim / Post Trial, Final Orders

Legal Issues

  1. 1 ['Whether judgment should be entered for the balance or separate judgments for claim and cross claim' 'Whether costs should be awarded and on what basis' 'Whether Bullock or Sanderson orders are appropriate' 'Whether gross sum costs orders should be made']

Ratio Decidendi

Judgment should be entered for the balance (debt minus set off damages). Mr Pola must pay the Bank $1,738,632.40 and deliver possession of mortgaged properties. Cross-claims against Bank and agents dismissed. Costs awarded in proportion to substantial success; Bank awarded 25% of its costs against cross-claimants. Indemnity costs not enlivened. Bullock/Sanderson and gross sum costs orders declined due to lack of supporting circumstances and evidence.

Court Disposition

Judgment for plaintiff with set off, cross-claims dismissed, partial costs orders, possession granted.

Orders

  • ['Judgment that the defendant pay the plaintiff $1,738,632.40.' 'Judgment that the defendant give the plaintiff possession of the Morella Property and North Star Property.' 'Leave granted to plaintiff to issue writs of possession for the specified properties.' 'First Cross-Claim dismissed as against first cross...