Scattergood & Ors v Scattergood [2004] NSWSC 340

Scattergood & Ors v Scattergood [2004] NSWSC 340

The causes of action based on the mortgage and personal covenants merged with the judgment of 1 November 1999 as it was final; the defendant is precluded by res judicata from maintaining a fresh claim in the Local Court based on the same underlying cause of action.

Parties
Plaintiff: Ronald Arthur Scattergood; Plaintiff: Annette Scattergood; Plaintiff: Maureen Lynnette Scattergood; Defendant: Deborah Ann Scattergood
Jurisdiction
Australia
Judgment Date
29 April 2004
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld
Legal Topics
Res Judicata, Appeal, Mortgage Enforcement, Costs
Civil Procedure Res Judicata Appeal Mortgage Enforcement Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Ronald Arthur Scattergood

Plaintiff

Annette Scattergood

Plaintiff

Maureen Lynnette Scattergood

Plaintiff

Deborah Ann Scattergood

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the decision of the Magistrate in the Local Court erred in law by allowing recovery of costs and interest under the mortgage after Supreme Court consent orders
  2. 2 Whether the doctrine of res judicata precluded recovery of costs and interest claimed in the Local Court proceedings

Ratio Decidendi

The causes of action based on the mortgage and personal covenants merged with the judgment of 1 November 1999 as it was final; the defendant is precluded by res judicata from maintaining a fresh claim in the Local Court based on the same underlying cause of action.

Court Disposition

appeal upheld

Orders

  • The appeal is upheld.
  • The decision of Keogh LCM of the Local Court dated 4 March 2003 is set aside.