Purdon v Purdon & Anor [No 2] [2007] NSWSC 395

Purdon v Purdon & Anor [No 2] [2007] NSWSC 395

Plaintiff is entitled to interest on $37,500 contribution from 5 March 2004; the transfer of the first defendant's interest to the second defendant in specified property is void; both parties bear their own costs as each was partly successful; liberty to apply on taking of accounts is reserved.

Jurisdiction
Australia
Judgment Date
27 April 2007
Procedural Posture
Civil / Post Trial Orders
Outcome
Partly in favour of plaintiff and partly in favour of first defendant.
Legal Topics
['entitlement to Interest on Judgment' 'entitlement to Costs' 'order for Accounts']
['equity' 'civil Procedure'] ['entitlement to Interest on Judgment' 'entitlement to Costs' 'order for Accounts']

Case Brief

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Procedural Posture

Civil / Post Trial Orders

Legal Issues

  1. 1 ['Whether plaintiff is entitled to interest on contribution amount' 'Entitlement to costs where both parties are partly successful' 'Whether order for taking of accounts should be made']

Ratio Decidendi

Plaintiff is entitled to interest on $37,500 contribution from 5 March 2004; the transfer of the first defendant's interest to the second defendant in specified property is void; both parties bear their own costs as each was partly successful; liberty to apply on taking of accounts is reserved.

Court Disposition

Partly in favour of plaintiff and partly in favour of first defendant.

Orders

  • ["Judgment for the first defendant on the plaintiff's claim under the assigned Citibank debt and guarantee." 'Judgment for plaintiff against first defendant for $39,451 (contribution for Citibank $37,500 and Coca Cola $1951.57), plus interest on $37,500 at 9% from 5 March 2004 to 31 Dec 2006 and 10% from 1 Jan 2007...