Strange v Turnbull [2020] NSWSC 1327

Strange v Turnbull [2020] NSWSC 1327

Because the second respondent failed to pay the settlement sum by 30 June 2020 as required by the deed of settlement, the deed gave the plaintiff liberty to enter judgment, and the motion was unopposed, the Court entered judgment for the plaintiff for the settlement sum, ordered pre-judgment interest, reinstated the proceeding, and ordered costs of the motion.

Jurisdiction
Australia
Judgment Date
29 September 2020
Procedural Posture
Common Law Proceeding; Motion for Entry of Judgment Following Default Under Deed of Settlement / Amended Notice of Motion Heard on 29 September 2020; Motion Unopposed by the Second Respondent
Outcome
Motion granted; proceeding reinstated; judgment entered for the plaintiff against the second respondent in her personal capacity with pre-judgment interest and costs.
Legal Topics
['deed of Settlement and Release' 'default of Payment' 'entry of Judgment' 'pre Judgment Interest' 'costs']
['civil Procedure' 'settlement Enforcement'] ['deed of Settlement and Release' 'default of Payment' 'entry of Judgment' 'pre Judgment Interest' 'costs']

Case Brief

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Procedural Posture

Common Law Proceeding; Motion for Entry of Judgment Following Default Under Deed of Settlement / Amended Notice of Motion Heard on 29 September 2020; Motion Unopposed by the Second Respondent

Legal Issues

  1. 1 ['Whether the proceeding should be reinstated to permit entry of judgment.' 'Whether judgment should be entered for the plaintiff against the second respondent in her personal capacity for the settlement sum after default under the deed of settlement.' 'Whether pre-judgment interest should be ordered under s 100 of the Civil Procedure Act 2005 (NSW).' "Whether the second respondent should pay the plaintiff's costs of the motion."]

Ratio Decidendi

Because the second respondent failed to pay the settlement sum by 30 June 2020 as required by the deed of settlement, the deed gave the plaintiff liberty to enter judgment, and the motion was unopposed, the Court entered judgment for the plaintiff for the settlement sum, ordered pre-judgment interest, reinstated the proceeding, and ordered costs of the motion.

Court Disposition

Motion granted; proceeding reinstated; judgment entered for the plaintiff against the second respondent in her personal capacity with pre-judgment interest and costs.

Orders

  • ['The proceeding be reinstated.' 'Pursuant to paragraph 2.4 of the deed of settlement executed by the Plaintiff, the State of NSW, Robeena June Turnbull and Grant Wesley Turnbull in their capacity as the executors of the estate of the late Ian Robert Turnbull and the Second Respondent and agreed to take effect as...