Perpetual Trustee Company v McAndrew [2008] NSWSC 790

Perpetual Trustee Company v McAndrew [2008] NSWSC 790

The costs order made on 14 December 2007 is payable forthwith because the application was unnecessary and prejudiced the defendant's financial capacity. The application for mediation was declined as referral would not benefit the parties given the circumstances, especially with credit of the defendant being seriously contested.

Parties
First Plaintiff: Perpetual Trustee Company Limited; Second Plaintiff: Challenger Managed Investments Limited; Defendant: Shaun William McAndrew
Jurisdiction
Australia
Judgment Date
04 August 2008
Procedural Posture
Civil Mortgage Possession, Costs, Interlocutory Ruling / Interlocutory Motion (costs and Referral to Mediation)
Outcome
Orders made disposing of interlocutory applications: costs order to be payable forthwith, referral to mediation declined, parties to pay own costs of the motion, and listing for status conference.
Legal Topics
Costs Payable Forthwith, Mediation, Contracts Review Act, Summary Judgment, Mental Capacity and Mortgages
Civil Procedure Property Law Costs Payable Forthwith Mediation Contracts Review Act Summary Judgment Mental Capacity and Mortgages

Case Brief

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Parties

Perpetual Trustee Company Limited

First Plaintiff

Challenger Managed Investments Limited

Second Plaintiff

Shaun William McAndrew

Defendant

Procedural Posture

Civil Mortgage Possession, Costs, Interlocutory Ruling / Interlocutory Motion (costs and Referral to Mediation)

Legal Issues

  1. 1 Whether the order for costs should be payable forthwith or at the conclusion of proceedings
  2. 2 Whether the proceedings should be referred to mediation

Ratio Decidendi

The costs order made on 14 December 2007 is payable forthwith because the application was unnecessary and prejudiced the defendant's financial capacity. The application for mediation was declined as referral would not benefit the parties given the circumstances, especially with credit of the defendant being seriously contested.

Court Disposition

Orders made disposing of interlocutory applications: costs order to be payable forthwith, referral to mediation declined, parties to pay own costs of the motion, and listing for status conference.

Orders

  • The costs order made on 14 December 2007 is payable forthwith.
  • I decline to refer this matter to mediation.