NSW Caselaw
New South Wales Supreme Court
CITATION : Perman v Wentholt-Dwyer & Anor [2005] NSWSC 168
HEARING DATE(S) : 07/03/05
JUDGMENT DATE : 15 March 2005
JUDGMENT OF : Brownie AJ
DECISION : 1.Order that the defendant pay to the plaintiff the sum of $23,908.42, including interest to date, together with interest from 16 March 2005 until the date of payment, at the rates prescribed by s95 of the Supreme Court Act; 2.Order that an equitable charge be imposed on the interest of the defendant in the whole of the property contained in Certificate of Title Folio Identifier 1/874893 located at Deua River, Parish of Bucken Bowra, County of St Vincent in the State of New South Wales in favour of the plaintiff to secure to the plaintiff payment of the sums mentioned in par 1; 3.Order the defendant to pay the plaintiff's costs as assessed or agreed; 4.Liberty to either party to apply.
CATCHWORDS : Interest - from what date should s94 interest run, when the plaintiff's claim is in the nature of equitable compensation, arising from a proprietary estoppel.
Supreme Court Act 1970 s94,95 LEGISLATION CITED : Conveyancing Act 1919 s54A
PLAINTIFF Gwendolyn Edith PERMAN FIRST DEFENDANT PARTIES : Lisette Wilhelmine WENTHOLT-DWYER SECOND DEFENDANT Commonwealth Bank of Australia
FILE NUMBER(S) : SC 5085/02
R C Freeman - Plaintiff COUNSEL : J Laucis - First Defendant
Baker Deane & Nutt - Plaintiff SOLICITORS : CC Law - First Defendant
LOWER COURT JURISDICTION :
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BROWNIE AJ
Tuesday 15 March 2005
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