Bennett v Goodwin [2006] NSWSC 347

Bennett v Goodwin [2006] NSWSC 347

Declaration of equitable mortgage is appropriate between parties, but amendment of costs order under the slip rule is refused due to delay, absence of prompt notification, and presence of additional claimants who may be affected.

Jurisdiction
Australia
Judgment Date
27 April 2006
Procedural Posture
Equity Proceedings / Post Substantive Judgment; Determination of Outstanding Issues and Procedural Applications
Outcome
Declaration of existence of equitable mortgage granted; application to amend costs order under slip rule refused; no order as to costs for today's application.
Legal Topics
['declaration of Security Interest' 'application of Slip Rule' 'costs Orders' 'priority of Claims']
['equity' 'civil Procedure'] ['declaration of Security Interest' 'application of Slip Rule' 'costs Orders' 'priority of Claims']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Proceedings / Post Substantive Judgment; Determination of Outstanding Issues and Procedural Applications

Legal Issues

  1. 1 ['Whether a declaration of existence of an equitable mortgage should be made' 'Whether the slip rule should be applied to amend a prior costs order']

Ratio Decidendi

Declaration of equitable mortgage is appropriate between parties, but amendment of costs order under the slip rule is refused due to delay, absence of prompt notification, and presence of additional claimants who may be affected.

Court Disposition

Declaration of existence of equitable mortgage granted; application to amend costs order under slip rule refused; no order as to costs for today's application.

Orders

  • ['Declaration that judgment amount, interest, and plaintiff’s costs are secured by equitable mortgage over defendant’s land (Folio Identifiers 1/366722, 2/206527, 3/206527).' 'No order as to costs for the Notice of Motion.']