Zografakis v McCarthy [2007] NSWSC 238

Zografakis v McCarthy [2007] NSWSC 238

The plaintiffs are entitled to judgment for the agreed sum (including interest), payment of costs as agreed, with a stay of execution granted to allow the defendant time to sell property and satisfy the judgment.

Jurisdiction
Australia
Judgment Date
15 March 2007
Procedural Posture
Proceeding for Breach of Contract (equity) / Judgment and Final Orders
Outcome
Judgment for plaintiffs for $80,587 (inclusive of interest); costs orders made; stay of execution granted.
Legal Topics
['breach of Contract' 'remedies of Vendor' 're Sale' 'recovery of Deficiency' 'election Between Remedies' 'calculation of Damages' 'interest on Judgment']
['equity' 'conveyancing'] ['breach of Contract' 'remedies of Vendor' 're Sale' 'recovery of Deficiency' 'election Between Remedies' 'calculation of Damages' 'interest on Judgment']

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Procedural Posture

Proceeding for Breach of Contract (equity) / Judgment and Final Orders

Legal Issues

  1. 1 ['Whether the defendant breached the contract for sale of land' 'Whether the plaintiffs are entitled to recover deficiency, associated costs and interest' 'Appropriate characterization of legal fees related to non-compliance with the contract' 'Calculation and award of interest under s 100 Civil Procedure Act 2005']

Ratio Decidendi

The plaintiffs are entitled to judgment for the agreed sum (including interest), payment of costs as agreed, with a stay of execution granted to allow the defendant time to sell property and satisfy the judgment.

Court Disposition

Judgment for plaintiffs for $80,587 (inclusive of interest); costs orders made; stay of execution granted.

Orders

  • ['Judgment for the plaintiffs for $80,587 inclusive of interest under s 100 Civil Procedure Act 2005.' "Defendant to pay plaintiffs' costs incurred before 30 September 2006 on the indemnity basis and after 29 September 2006 on the ordinary basis." 'Execution stayed up to and including 15 May 2007.']