NSW Caselaw
PRESTL
SUPREME
'A v DELANEY
CouRT OF NEW SOUTH WALES — COURT OF APPEAL
SHELLER JA
14 March 1996
[1996] NSWCA 435
Shelle
r JA. The claimant, Joseph Anthony Prestia, applies for an order
extending the time within which he may lodge an appeal from a judgment of his Honour Judge Garling given on 29 November 1995 in the District Court in proceedings brought by the opponent, Volney John Delaney, against the claimant.
The opponent began the proceedings on 16 March 1995 by issuing a statement of liquidated claim. The opponent pleaded as follows:
1.
On 27th June 1991 the plaintiff lent to the defendant $265,769.26 such loan being repayable 60 days from 27th June 1991 or on such further terms and conditions as may be agreed between the parties.
2. The defendant renewed the loan with the plaintiff after 60 days and has
continued to pay interest on the principal since the date of the borrowing.
3. The defendant has paid to the plaintiff $50,000.00 in reduction of the
principal of the debt leaving a balance of $215,769.26.
Particulars. Written loan agreement and acknowledgment dated 27th June 1991 and signed by the plaintiff and the defendant.
4.
On 24th February 1995 the plaintiff made written demand on the defendant for repayment of the balance of the debt. The defendant has refused and/or neglected to repay the debt to the plaintiff.
. The plaintiff claims $215,769.26 together with interest thereon from 6th
March 1995 to 16th March 1995 at 12% per annum in the amount of $700.37 and continuing at the daily rate of $70.93 pursuant to section 83A of the District Court Act."
On 10 April 1995 the claimant filed a notice of grounds of defence and affidavit verifying. The grounds of defence were as follows:
1. Denies the contents of paragraphs 1, 2, 3 and 5.
2. Admits the contents of paragraph 4 except in so far as the Defendant denies he is indebted as alleged.
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