Australian Executor Trustees Limited v Alexandre Pachkovski & Ors [2010] NSWSC 1089

Australian Executor Trustees Limited v Alexandre Pachkovski & Ors [2010] NSWSC 1089

The plaintiff is entitled to possession and recovery of the amount owing in accordance with the loan contract, as the court rejected the defendants' allegation that the contract had been altered post-signature and accepted the evidence that showed the applicable interest rate was 8.4%.

Jurisdiction
Australia
Judgment Date
24 September 2010
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the plaintiff
Legal Topics
['loan Agreement' 'mortgage' 'interest Rate' 'allegation of Post Signature Alteration']
['contract'] ['loan Agreement' 'mortgage' 'interest Rate' 'allegation of Post Signature Alteration']

Case Brief

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Whether the interest rate in the loan agreement was altered after signing' 'Whether the rate applicable to the loan should be 8.4% or 6.4%' "Plaintiff's entitlement to possession and recovery of money"]

Ratio Decidendi

The plaintiff is entitled to possession and recovery of the amount owing in accordance with the loan contract, as the court rejected the defendants' allegation that the contract had been altered post-signature and accepted the evidence that showed the applicable interest rate was 8.4%.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Plaintiff entitled to possession of the property' 'Plaintiff entitled to recover the sum outstanding in accordance with the loan contract' 'Up to date calculation of the amount to be made before final judgment']