Mango Capital Pty Limited v Patsis [2019] NSWSC 772

Mango Capital Pty Limited v Patsis [2019] NSWSC 772

The court held that the seventh and eighth defendants were contractually bound by the signed deed to pay $10,000 and, having defaulted, judgment should be entered for that amount and indemnity costs awarded.

Parties
Plaintiff: Mango Capital Pty Limited; Seventh Defendant: John Papaspiros; Eighth Defendant: Bourke Business Consultants Pty Ltd
Jurisdiction
Australia
Judgment Date
24 June 2019
Procedural Posture
Civil / Motion for Judgment Following Settlement Default
Outcome
Judgment for the plaintiff against the seventh and eighth defendants in the sum of $10,000; name of the seventh defendant amended; costs awarded on an indemnity basis.
Legal Topics
Enforcement of Settlement, Entry of Judgment, Costs
Civil Procedure Enforcement of Settlement Entry of Judgment Costs

Case Brief

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Parties

Mango Capital Pty Limited

Plaintiff

John Papaspiros

Seventh Defendant

Bourke Business Consultants Pty Ltd

Eighth Defendant

Procedural Posture

Civil / Motion for Judgment Following Settlement Default

Legal Issues

  1. 1 Whether the court should enforce a settlement agreement by entering judgment where the defendants failed to pay the agreed sum and sign the consent judgment
  2. 2 Whether costs should be awarded on an indemnity basis

Ratio Decidendi

The court held that the seventh and eighth defendants were contractually bound by the signed deed to pay $10,000 and, having defaulted, judgment should be entered for that amount and indemnity costs awarded.

Court Disposition

Judgment for the plaintiff against the seventh and eighth defendants in the sum of $10,000; name of the seventh defendant amended; costs awarded on an indemnity basis.

Orders

  • The Seventh Defendant's name in the proceedings is amended to read 'John Papaspiros'.
  • Judgment in favour of the Plaintiff as against the Seventh and Eighth Defendant in the sum of $10,000.00.