NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Marquess Investment Fund Pty Ltd v Tjen (No 2) [2023] NSWSC 834 Hearing dates: On the papers Date of orders: 17 July 2023 Decision date: 17 July 2023 Jurisdiction: Common Law Before: Chen J Decision: (1) Verdict and judgment for the plaintiff against the defendant in the sum of $4,030,238.67. (2) Order the defendant to pay the plaintiff's costs of the proceedings, as agreed or assessed. (3) Order the funds paid into Court by the plaintiff as security for costs, and any interest paid thereon, be released to the plaintiff forthwith. Catchwords: JUDGMENTS AND ORDERS – consequential orders – whether payments to discharge loan should be applied to interest in priority to principal Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Falk v Haugh (1935) 53 CLR 163; [1935] HCA 35 Re Mangan, Ross Alexander Ex parte Andrew, William Edward (1983) 123 ALR 633; [1983] FCA 135 Texts Cited: E L G Tyler, PW Young and C E Croft, Fisher & Lightwood's Law of Mortgage (3rd Australian ed, 2014, LexisNexis Butterworths) Category: Consequential orders Parties: Marquess Investment Fund Pty Ltd (plaintiff) Joshua Tjen (defendant) Representation: Counsel: Mr D P O'Connor (plaintiff) Mr M Secivanovic (defendant)
Solicitors: Douros Jackson Lawyers (plaintiff) Braddon Marx Lawyers (defendant) File Number(s): 2020/297756 Publication restriction: Nil
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