King v Brown (No.3) [2021] NSWSC 1116

King v Brown (No.3) [2021] NSWSC 1116

Nothing remained to be dealt with on the final calculation because the AUD138,000 payment had already been acknowledged and taken into account in the earlier judgment; the other matters raised by Mr Brown could not be entertained at this stage, so the final orders sought by Mr King were made.

Jurisdiction
Australia
Judgment Date
02 September 2021
Procedural Posture
Common Law Judgment and Orders / Final Orders Following Principal Judgment
Outcome
Judgment for the plaintiff against the defendants for the specified CAD and AUD amounts; the Statement of Claim otherwise dismissed; the Amended Statement of Cross Claim dismissed.
Legal Topics
['judgment for Plaintiff' 'calculation of Amounts Owing Under Deed of Loan and Mortgage' 'dismissal of Amended Cross Claim' 'post Judgment Interest']
['civil Procedure' 'contracts' 'mortgages'] ['judgment for Plaintiff' 'calculation of Amounts Owing Under Deed of Loan and Mortgage' 'dismissal of Amended Cross Claim' 'post Judgment Interest']

Case Brief

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Procedural Posture

Common Law Judgment and Orders / Final Orders Following Principal Judgment

Legal Issues

  1. 1 ['Whether anything remained to be dealt with on the final calculation of amounts owing under the mortgage.' "Whether Mr Brown's submission concerning an AUD138,000 payment affected the calculation." 'Whether the final orders sought by Mr King should be made.']

Ratio Decidendi

Nothing remained to be dealt with on the final calculation because the AUD138,000 payment had already been acknowledged and taken into account in the earlier judgment; the other matters raised by Mr Brown could not be entertained at this stage, so the final orders sought by Mr King were made.

Court Disposition

Judgment for the plaintiff against the defendants for the specified CAD and AUD amounts; the Statement of Claim otherwise dismissed; the Amended Statement of Cross Claim dismissed.

Orders

  • ['There be judgment for the plaintiff against the first defendant for CAD2,134,924 comprising the principal amount owing under the Deed of Loan between the parties dated 7 June 2016 as varied on 7 June 2016 and 1 November 2016 (Deed of Loan) and the mortgage registered number AP82005A as varied on 7 June 2016 and 1...