22 Mar 2016
Uncontradicted affidavit evidence that a loan of $40,000 was made on specified terms and that $31,200 remains unpaid entitles the plaintiff to judgment; costs and reasonable disbursements are also recoverable.
30 Nov 2012
The Judge found the director's affidavit established reason to believe the plaintiff would be unable to meet an adverse costs order, exercised the Court's discretion to require security for costs, fixed security at $25,000 to be provided by 19 December 2012 with the proceeding stayed from that date if not provided, and awarded costs to the defendants on a 2B basis and costs of $3,980 plus disbursements $108.80 against the director for the discontinued claim.
20 Aug 2012
Security for costs in the sum of $25,000 ordered because the parties' factual issues are largely common, a two day trial estimate is realistic, the counterclaim overlaps and justifies a discount, and a single global security is appropriate; the proceeding is stayed until payment into Court.
23 Apr 2010
Defendant admitted facts showing he procured invalid policies and used commissions to service those policies; those actions caused Sovereign to pay a 15% commission to Mr McEwen; under the clear terms of clause 29 the defendant must indemnify Sovereign for that loss; no arguable legal defence was filed and summary judgment for $44,961.20 with solicitor/client costs is appropriate.
22 Oct 2008
The court extended Williams J's 24-hour interim injunction on the condition that $75,000 be electronically lodged in the defendant's solicitors' trust account by 3:00 pm the same day; the matter was adjourned to 29 October 2008 at 10:00 am with directions that the defendant file and serve notices and affidavits in opposition and that the valuer inspect the premises and provide an updated valuation.
22 Oct 2008
The interim injunction previously made by Williams J is extended only on condition that the plaintiff electronically lodges $75,000 in the defendant's solicitors' trust account by 3:00pm the same day; failing that, the extension will not be granted; the matter is adjourned to 29 October 2008 for substantive opposition and the valuer must be made available to inspect the premises and provide an updated valuation.