The Trust Company Ltd v Feiner [2014] NSWSC 1492

The Trust Company Ltd v Feiner [2014] NSWSC 1492

Mrs Feiner's compensable loss arising from a forged mortgage was the market value of the mortgaged properties at the date of compensation, less prior benefits, which was reasonably settled by payment of $1.41 M by the Registrar General. Interest and costs were also assessable. Default judgment against Edward Thomas Feiner entitled the Registrar General/Mrs Feiner to recovery of the payment, interest, and costs from him.

Jurisdiction
Australia
Judgment Date
11 September 2014
Procedural Posture
Cross Claim / Damages Assessment—post Default Judgment
Outcome
Judgment for cross-claimant (Mrs Irena Feiner/Registrar General) against Edward Thomas Feiner for $1,522,568.22 plus costs.
Legal Topics
['damages' 'assessment of Damages' 'forged Mortgage' 'torrens Assurance Fund' 'costs']
['property Law' 'civil Procedure'] ['damages' 'assessment of Damages' 'forged Mortgage' 'torrens Assurance Fund' 'costs']

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Procedural Posture

Cross Claim / Damages Assessment—post Default Judgment

Legal Issues

  1. 1 ['What is the appropriate measure of compensable loss for Mrs Irena Feiner in relation to the forged mortgage and claim on the Torrens assurance fund?' 'Was the settlement sum paid by the Registrar General fair and reasonable in the circumstances?' 'Is prejudgment interest and costs recoverable against Edward Thomas Feiner after default judgment on cross-claims?']

Ratio Decidendi

Mrs Feiner's compensable loss arising from a forged mortgage was the market value of the mortgaged properties at the date of compensation, less prior benefits, which was reasonably settled by payment of $1.41 M by the Registrar General. Interest and costs were also assessable. Default judgment against Edward Thomas Feiner entitled the Registrar General/Mrs Feiner to recovery of the payment, interest, and costs from him.

Court Disposition

Judgment for cross-claimant (Mrs Irena Feiner/Registrar General) against Edward Thomas Feiner for $1,522,568.22 plus costs.

Orders

  • ['Damages assessed in the sum of $1.41 M.' 'Interest on damages up to judgment in the sum of $112,568.22.' 'Judgment for Mrs Irena Feiner, pursuant to s 133(2) Real Property Act, against Edward Thomas Feiner in the sum of $1,522,568.22.' "Edward Thomas Feiner to pay Registrar-General's costs as assessed or agreed."...