Cook and Anor v Permanent Mortgages Pty Ltd [2007] NSWCA 219
No error was established in the trial judge's decision not to grant relief from all interest obligations, as full relief would place appellants in a better position than prior to the loan. However, the judge erred in making no order as to costs by not giving sufficient weight to the appellants' success; hence the costs order was set aside and substituted.
- Jurisdiction
- Australia
- Judgment Date
- 09 August 2007
- Procedural Posture
- Appeal / Judgment After Hearing
- Outcome
- Appeal allowed in part
- Legal Topics
- ['unjust Contracts' 'consumer Credit Code' 'relief Against Injustice' 'costs Awards']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment After Hearing
Legal Issues
- 1 ['Whether the trial judge erred in not relieving the appellants from all interest obligations under the loan contract found to be unjust' "Whether the trial judge's exercise of discretion as to costs was in error"]
Ratio Decidendi
No error was established in the trial judge's decision not to grant relief from all interest obligations, as full relief would place appellants in a better position than prior to the loan. However, the judge erred in making no order as to costs by not giving sufficient weight to the appellants' success; hence the costs order was set aside and substituted.
Court Disposition
Appeal allowed in part
Orders
- ['Costs order made by judge set aside' "Ordered that the plaintiff pay ninety per cent of the defendant's costs of proceedings 13381/04" "The respondent to pay fifty per cent of the appellants' costs of the appeal"]
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