Williams v Contovasilis [2007] NSWSC 646

Williams v Contovasilis [2007] NSWSC 646

Because the plaintiffs conveyed their interest without receiving the unpaid balance of purchase money, they had a vendor's lien for $81,846.61 plus interest. The parties had agreed on a 10 per cent default interest rate and, in any event, the court could fix that rate under s 100 of the Civil Procedure Act 2005. The lien was therefore declared and could properly be enforced by judicial sale.

Jurisdiction
Australia
Judgment Date
14 June 2007
Procedural Posture
Equity Proceedings to Enforce a Vendor's Lien / Ex Tempore Judgment Making a Declaration and Enforcement Orders
Outcome
Vendor's lien declared in favour of the plaintiffs and enforcement orders made.
Legal Topics
["vendor's Lien" 'unpaid Purchase Price' 'interest on Unpaid Purchase Price' 'judicial Sale' 'auction of Rural Land']
['conveyancing' 'equity' 'real Property' 'civil Procedure'] ["vendor's Lien" 'unpaid Purchase Price' 'interest on Unpaid Purchase Price' 'judicial Sale' 'auction of Rural Land']

Case Brief

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Procedural Posture

Equity Proceedings to Enforce a Vendor's Lien / Ex Tempore Judgment Making a Declaration and Enforcement Orders

Legal Issues

  1. 1 ["Whether the plaintiffs had a vendor's lien over the property for the unpaid balance of purchase money and interest." 'Whether the lien should be enforced by judicial sale.' 'Whether the agreed default interest rate of 10 per cent should be applied.' 'Whether the second plaintiff could bid at the sale having regard to s 66 of the Property, Stock and Business Agents Act 2002.']

Ratio Decidendi

Because the plaintiffs conveyed their interest without receiving the unpaid balance of purchase money, they had a vendor's lien for $81,846.61 plus interest. The parties had agreed on a 10 per cent default interest rate and, in any event, the court could fix that rate under s 100 of the Civil Procedure Act 2005. The lien was therefore declared and could properly be enforced by judicial sale.

Court Disposition

Vendor's lien declared in favour of the plaintiffs and enforcement orders made.

Orders

  • ['Declared that there is a lien in respect of $81,846.61 plus 10 per cent interest from 7 July 2006 to 14 June 2007, approximately $7,668.91, totalling $89,515.52.' 'Leave given for the valuation obtained by the first mortgagee to be used in the proceedings.' 'Orders 1 to 12 made in accordance with the short minutes...