NSW Caselaw
New South Wales Supreme Court
CITATION : Blanda v Forno [2006] NSWSC 1396
HEARING DATE(S) : 11 December 2006
JUDGMENT DATE : 11 December 2006
JURISDICTION : Equity
JUDGMENT OF : Campbell J
EX TEMPORE JUDGMENT DATE : 12/11/2006
DECISION : Parties to bring in Short Minutes
CATCHWORDS : PROCEDURE – Supreme Court procedure – award of interest on the principal amount of a judgment – contractual obligation to pay a sum of money – when cause of action accrues – SUCCESSION – EXECUTORS AND ADMINISTRATORS – specific legacy – entitlement to intermediate income – rationale for rule – CONTRACT – vendor and purchaser – contractual obligation on purchaser to pay certain legal costs and Capital Gains Tax to vendor simultaneously with transfer – construction of such a clause – CONTRACT – vendor and purchaser – delay in settlement – as from what date one party entitled to damages for delay from the other – PROCEDURE – costs – assessment in a gross amount – when appropriate – CONTRACT – otherwise, questions of construction of a particular contract
LEGISLATION CITED : Civil Procedure Act 2005 Supreme Court Act 1970
George Attenborough & Son v Solomon & Anor [1913] AC 76 CASES CITED : O'Brien v McCormick [2005] NSWSC 619 Sherborne Estate (No.2); Vanvalen and Another v Neaves and Another; Gilroy v Neaves and Another (2005) 65 NSWLR 268
PARTIES : Salvatore Blanda - Plaintiff De Anne Lee Forno - Defendant
FILE NUMBER(S) : SC 2627/06
COUNSEL : D Kelly - Plaintiff R Freeman - Defendant
SOLICITORS : McLachlan Chilton - Plaintiff Hunt & Hunt - Defendant
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