Argyrou v Boutros [2016] NSWDC 443

Argyrou v Boutros [2016] NSWDC 443

Where a defendant does not appear, the court may enter judgment for the plaintiff’s liquidated claim based on evidence of debt and credits, adopting the court interest rate due to ambiguity in the deed and lack of evidence.

Parties
First Plaintiff: Chrisodoulou Argyrou; Second Plaintiff: Theofanou Argyrou; First Defendant: Almaza Boutros aka Souzie Boutros; Second Defendant: Option 1 Mortgage Pty Ltd
Jurisdiction
Australia
Judgment Date
30 June 2016
Procedural Posture
Civil / Judgment Without Trial on Liquidated Claim
Outcome
judgment for second plaintiff against first defendant
Legal Topics
Liquidated Claim, Deed, Repayment Obligation, Interest Calculation
Contract Law Liquidated Claim Deed Repayment Obligation Interest Calculation

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Parties

Chrisodoulou Argyrou

First Plaintiff

Theofanou Argyrou

Second Plaintiff

Almaza Boutros aka Souzie Boutros

First Defendant

Option 1 Mortgage Pty Ltd

Second Defendant

Procedural Posture

Civil / Judgment Without Trial on Liquidated Claim

Legal Issues

  1. 1 breach of deed
  2. 2 repudiation of deed
  3. 3 damages calculation

Ratio Decidendi

Where a defendant does not appear, the court may enter judgment for the plaintiff’s liquidated claim based on evidence of debt and credits, adopting the court interest rate due to ambiguity in the deed and lack of evidence.

Court Disposition

judgment for second plaintiff against first defendant

Orders

  • Note that the first defendant did not appear when the matter was called.
  • Note that the second defendant is deregistered.