Kay v National Australia Bank Ltd (No 2) [2010] NSWSC 1163

Kay v National Australia Bank Ltd (No 2) [2010] NSWSC 1163

Final determination of damages and cross-claim withheld pending calculation of interest and amounts owing, as per reasons outlined. Leave reserved for parties to address issues consequential to the resolution of calculations.

Parties
First Plaintiff: Mehmet Ali Kay; Second Plaintiff: Mehmet Canli; Third Plaintiff: Ozden Inak; Defendant: National Australia Bank Ltd
Jurisdiction
Australia
Judgment Date
11 October 2010
Procedural Posture
Common Law / Post Judgment; Consequential Orders
Outcome
Leave reserved to address cross-claim and damages. Liberty to apply for resolution of outstanding issues post-calculation.
Legal Topics
Calculation of Interest, Resolution of Cross Claim, Damages From Enforcement Costs
Contract Law Calculation of Interest Resolution of Cross Claim Damages From Enforcement Costs

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Parties

Mehmet Ali Kay

First Plaintiff

Mehmet Canli

Second Plaintiff

Ozden Inak

Third Plaintiff

National Australia Bank Ltd

Defendant

Procedural Posture

Common Law / Post Judgment; Consequential Orders

Legal Issues

  1. 1 Calculation of interest payable under contract
  2. 2 Proper resolution of the cross-claim
  3. 3 Damages payable arising from enforcement costs and expenses

Ratio Decidendi

Final determination of damages and cross-claim withheld pending calculation of interest and amounts owing, as per reasons outlined. Leave reserved for parties to address issues consequential to the resolution of calculations.

Court Disposition

Leave reserved to address cross-claim and damages. Liberty to apply for resolution of outstanding issues post-calculation.

Orders

  • Leave is reserved to the parties to address on the proper resolution of the cross-claim as a result of the foregoing reasons and the calculation of interest payable pursuant to these orders.
  • Further, leave is reserved to address further on damages payable, if any, after that calculation has been made arising from costs of enforcement by the defendant and/or expenses incurred by the plaintiffs.