Champion Homes Sales Pty Ltd v Melanie Lydia Mannie [2014] NSWSC 1025

Champion Homes Sales Pty Ltd v Melanie Lydia Mannie [2014] NSWSC 1025

The plaintiff is entitled to a discharge of the second mortgage upon payment of $704,292.84 (being principal and simple interest at 10% pa from 1 July 1998 to 23 July 2014 and $74.03 per day thereafter), as the first and second defendants failed to provide proper evidence for any secured amount beyond the principal plus contractual interest; costs of executing the writ are fixed and recoverable as determined, and the costs orders against parties are modified accordingly.

Jurisdiction
Australia
Judgment Date
29 July 2014
Procedural Posture
Civil / Judgment After Contested Application
Outcome
Orders made declaring the amount secured by the second mortgage, ordering discharge of the mortgage on payment, fixing costs and varying earlier costs order, with matter stood over for final submissions on variation of order 13.
Legal Topics
['enforcement of Judgments' 'mortgages' 'costs' 'sale of Land Under Writ']
['equity' 'property Law' 'civil Procedure'] ['enforcement of Judgments' 'mortgages' 'costs' 'sale of Land Under Writ']

Case Brief

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Procedural Posture

Civil / Judgment After Contested Application

Legal Issues

  1. 1 ['What is the amount secured by the second mortgage?' 'Is the plaintiff entitled to a discharge of the second mortgage on payment of a particular sum?' 'What are the costs of executing the writ of levy of property and how should they be awarded?' 'Against whom should costs orders be made?']

Ratio Decidendi

The plaintiff is entitled to a discharge of the second mortgage upon payment of $704,292.84 (being principal and simple interest at 10% pa from 1 July 1998 to 23 July 2014 and $74.03 per day thereafter), as the first and second defendants failed to provide proper evidence for any secured amount beyond the principal plus contractual interest; costs of executing the writ are fixed and recoverable as determined, and the costs orders against parties are modified accordingly.

Court Disposition

Orders made declaring the amount secured by the second mortgage, ordering discharge of the mortgage on payment, fixing costs and varying earlier costs order, with matter stood over for final submissions on variation of order 13.

Orders

  • ['Declare that the amount of the debt owed by the third and fourth defendants to the first and second defendants that is secured by Registered Mortgage No 5275494F as at 23 July 2014 is $704,292.84 plus $74.03 per day thereafter until repaid.' 'Declare the plaintiff is entitled to discharge by the first and second...