King v Brown (No.3) [2021] NSWSC 1116

Supreme Court New South Wales

Medium Neutral Citation: King v Brown (No.3) [2021] NSWSC 1116 Hearing dates: 27 April, 25 May, 20 July 2021 Date of orders: 2 September 2021 Decision date: 02 September 2021 Jurisdiction: Common Law Before: Schmidt AJ Decision: 1. There be judgment for the plaintiff against the first defendant for CAD2,134,924 comprising the principal amount owing under the Deed of Loan between the parties dated 7 June 2016 as varied on 7 June 2016 and 1 November 2016 (Deed of Loan) and the mortgage registered number AP82005A as varied on 7 June 2016 and 1 November 2016 (Mortgage); 2. There be judgment for the plaintiff against the first defendant for AUD1,472,544 comprising interest on the principal amount, legal costs and expenses and the Receiver and Manager's costs and expenses owing under the Deed of Loan and Mortgage; 3. There be judgment for the plaintiff against the first defendant for AUD82,611.97 comprising the amount paid by the plaintiff in satisfaction of irrigation charges owing by the first and second defendants; 4. There be judgment for the plaintiff against the second defendant for CAD2,134,924 comprising the principal amount owing under the Deed of Loan and Mortgage; 5. There be judgment for the plaintiff against the second defendant for AUD1,472,544 comprising interest on the principal amount, legal costs and expenses and the Receiver and Manager's costs and expenses owing under the Deed of Loan and Mortgage; 6. There be judgment for the plaintiff against the second defendant for AUD82,611.97 comprising the amount paid by the plaintiff in satisfaction of irrigation charges owing by the first and second defendants; 7. There be judgment for the plaintiff against the third defendant for CAD2,134,924 comprising the principal amount owing under the Deed of Loan and Mortgage; 8. There be judgment for the plaintiff against the third defendant for AUD1,472,544 comprising interest on the principal amount, legal costs and expenses and the Receiver and Manager's costs and expenses owing under the Deed of Loan and Mortgage; 9. Pursuant to section 101(2) of the Civil Procedure Act 2001 (NSW) that interest is payable on the judgments in paragraphs 1 to 8 at the prescribed rate from the date on which each judgment takes effect; 10. The Statement of Claim filed 26 March 2020 otherwise be dismissed; and 11. The Amended Statement of Cross Claim filed in court on 27 April 2021 be dismissed. Catchwords: JUDGMENTS AND ORDERS — In favour of plaintiff Legislation Cited: Civil Procedure Act 2005 (NSW) s 101(2) Category: Principal judgment Parties: Mr S King (Plaintiff) Mr G Brown (First Defendant) Mrs B Brown (Second Defendant) Riverpines Vineyard Pty Ltd (Third Defendant) Representation: Counsel: Mr P Newton (Plaintiff)