Lachlan v HP Mercantile Pty Limited (No.2) [2014] NSWSC 1005

Lachlan v HP Mercantile Pty Limited (No.2) [2014] NSWSC 1005

Order 6(b) of the consent orders requires that interest be calculated on the amount specified in order 6(a), which means $1,570,292.12 less payments made under the Deed. Therefore, judgment is for $1,270,292.12, and interest runs on that sum from 24 June 2011 pursuant to s 101 Civil Procedure Act 2005 (NSW). Judgment takes effect as of 24 June 2011.

Parties
Plaintiff/first Cross Defendant: Graham Lachlan; First Defendant/cross Claimant: HP Mercantile Pty Ltd; Second Defendant: Tumut River Orchard Management Ltd; Third Defendant: Treetop Projects Pty Ltd; Fourth Defendant: Merilbah Investments Pty Ltd
Jurisdiction
Australia
Judgment Date
25 July 2014
Procedural Posture
Cross Claim / Post Judgment Orders/construction of Orders
Outcome
Judgment for cross-claimant against first cross-defendant for $1,270,292.12, with judgment to take effect from 24 June 2011; interest payable from that date under s 101 Civil Procedure Act 2005 (NSW); costs orders in favour of cross-claimant; motions by cross-defendant dismissed.
Legal Topics
Construction of Consent Orders, Interest on Judgments, Judgment Entry Procedures
Civil Procedure Equity Construction of Consent Orders Interest on Judgments Judgment Entry Procedures

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Graham Lachlan

Plaintiff/first Cross Defendant

HP Mercantile Pty Ltd

First Defendant/cross Claimant

Tumut River Orchard Management Ltd

Second Defendant

Treetop Projects Pty Ltd

Third Defendant

Merilbah Investments Pty Ltd

Fourth Defendant

Procedural Posture

Cross Claim / Post Judgment Orders/construction of Orders

Legal Issues

  1. 1 Proper construction of consent orders regarding entry of judgment and payment of interest
  2. 2 Whether interest is payable on full judgment amount or amount less payments made under Deed
  3. 3 From what date and on what amount should interest accrue

Ratio Decidendi

Order 6(b) of the consent orders requires that interest be calculated on the amount specified in order 6(a), which means $1,570,292.12 less payments made under the Deed. Therefore, judgment is for $1,270,292.12, and interest runs on that sum from 24 June 2011 pursuant to s 101 Civil Procedure Act 2005 (NSW). Judgment takes effect as of 24 June 2011.

Court Disposition

Judgment for cross-claimant against first cross-defendant for $1,270,292.12, with judgment to take effect from 24 June 2011; interest payable from that date under s 101 Civil Procedure Act 2005 (NSW); costs orders in favour of cross-claimant; motions by cross-defendant dismissed.

Orders

  • Judgment on the First Cross-Claim for the cross-claimant against the first cross-defendant in the sum of $1,270,292.12.
  • Such judgment is to take effect as of 24 June 2011.