Higgs v Retsinias [2008] NSWSC 10

Higgs v Retsinias [2008] NSWSC 10

The mortgage was valid and sufficiently certain; plaintiff was entitled to reasonable enforcement costs as provided by the covenants in the mortgage document.

Parties
Plaintiff: Keith Arthur Higgs; First Defendant: Katina Retsinias; Second Defendant: Scott Darren Pascoe; Third Defendant: MDN Mortgages Pty Ltd
Jurisdiction
Australia
Judgment Date
16 January 2008
Procedural Posture
Application / Judgment
Outcome
Costs order granted
Legal Topics
Mortgages, Enforcement of Mortgage, Costs, Uncertainty in Mortgage Document
Property Law Mortgages Enforcement of Mortgage Costs Uncertainty in Mortgage Document

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

Parties

Keith Arthur Higgs

Plaintiff

Katina Retsinias

First Defendant

Scott Darren Pascoe

Second Defendant

MDN Mortgages Pty Ltd

Third Defendant

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether the mortgage is void for uncertainty
  2. 2 Whether the mortgagee was entitled to enforcement costs under the mortgage

Ratio Decidendi

The mortgage was valid and sufficiently certain; plaintiff was entitled to reasonable enforcement costs as provided by the covenants in the mortgage document.

Court Disposition

Costs order granted

Orders

  • First defendant to pay costs of plaintiff of proceedings, those costs to be assessed in accordance with the provisions of clause 3.5 and clause 23 of the mortgage registered number AB342487F between the plaintiff and the first defendant.