NSW Caselaw
New South Wales Supreme Court
CITATION : Vella v Mitchell Morgan Nominees Pty Ltd [2008] NSWSC 511
HEARING DATE(S) : 3, 4, 5, 6, 7, 10, 12 and 13 March 2008
JUDGMENT DATE : 28 May 2008
JURISDICTION : Equity Division
JUDGMENT OF : Young CJ in Eq
DECISION : Orders to be made restoring the plaintiff to the title as holding his interest unencumbered by the mortgage of Mitchell Morgan. First cross-claim against Mr Vella dismissed. Second cross-claim against Hunt & Hunt suceeds as to 12.5% of their loss. Third cross-claim against the ANZ Bank dismissed. Fifth cross-claim by Hunt & Hunt against Mr Flammia succeeds for the reasons given in 4122/06. Mr Flammia should indemnify Hunt & Hunt against their liability to Mitchell Morgan. Other orders made in associated litigation.
Alessio Emanuel Vella (P) Mitchell Morgan Nominees Pty Ltd (D1) Mitchell Morgan Nominees (No 2) Pty Ltd (D2) PARTIES : Hunt & Hunt (Cross-Defendant in Second Cross-Claim) Australia and New Zealand Banking Group Limited (Cross-Defendant in Third Cross-Claim) James Rutty (Third Cross-Defendant in Fifth Cross-Claim) No appearance of other Cross-Defendants
FILE NUMBER(S) : SC 4059/06
M J Slattery QC, D A Smallbone and L M Wilson (P) B A Coles QC and G A Sirtes (D) COUNSEL : J W Stevenson SC and N Kabilafkas (2XD) R G Forster SC and P J Dowdy (3XD) P Morris (5XD3)
Slater & Gordon Lawyers (P) Abbott Tout (D) SOLICITORS : Mallesons Stephen Jaques (2XD) Henry Davis York (3XD) Moray & Agnew (5XD3)
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