Davdent Pty Limited v Attinger [2003] NSWSC 954

Davdent Pty Limited v Attinger [2003] NSWSC 954

The plaintiff is entitled to payment out of the accrued interest sum in court as it is covered by the existing orders and the amount of costs recoverable far exceeds the sums in question. The defendant's notice of motion is misconceived and defective, and any attack on prior orders must be taken on appeal.

Source-derived case information.

Parties
Plaintiff: Davdent Pty Limited; Defendant: Heather Ann Attinger
Jurisdiction
Australia
Judgment Date
21 October 2003
Procedural Posture
Motion / Hearing and Orders
Outcome
Plaintiff's motion for payment out of interest allowed; defendant's notice of motion dismissed.
Legal Topics
Costs, Interest on Money Paid Into Court, Orders for Payment Out, Joinder of Parties, Judicial Recusal
Mortgage Civil Procedure Costs Interest on Money Paid Into Court Orders for Payment Out Joinder of Parties Judicial Recusal

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Parties

Davdent Pty Limited

Plaintiff

Heather Ann Attinger

Defendant

Procedural Posture

Motion / Hearing and Orders

Legal Issues

  1. 1 Whether accrued interest in court should be paid out to the plaintiff mortgagee
  2. 2 Whether the defendant's notice of motion seeking joinder of parties and judicial recusal should be granted
  3. 3 Whether prior orders regarding payment out of court can be challenged in the current motion

Ratio Decidendi

The plaintiff is entitled to payment out of the accrued interest sum in court as it is covered by the existing orders and the amount of costs recoverable far exceeds the sums in question. The defendant's notice of motion is misconceived and defective, and any attack on prior orders must be taken on appeal.

Court Disposition

Plaintiff's motion for payment out of interest allowed; defendant's notice of motion dismissed.

Orders

  • The sum of $1915.45 in court be paid out to the solicitors for the plaintiff.
  • The defendant to pay the plaintiff's costs of the further hearing of that notice of motion.