NSW Caselaw
New South Wales Supreme Court
CITATION : Rupchev v Callow & Anor [2007] NSWSC 576
HEARING DATE(S) : 1 June 2007
JUDGMENT DATE : 7 June 2007
JURISDICTION : Common Law Possession List
JUDGMENT OF : Simpson J
DECISION : (1) The plaintiff and the first defendant are to pay their own costs of the proceedings. (2) The plaintiff is entitled to be paid (from the proceeds of the sale of the Normanhurst property) interest upon the payments made by him pursuant to the mortgage, at rates prescribed pursuant to s 101 of the Civil Procedure Act 2005, from the date of each payment until the date upon which he was reimbursed therefor.
CATCHWORDS : COSTS – claim for possession of land – third party mortgage – all moneys mortgage – loans advanced to one of two defendants secured by mortgage – defences to claim for possession – resolution of proceedings – compromises by both parties – each to pay his/her own costs – INTEREST – plaintiff's entitlement to interest on sums paid – Supreme Court rates
LEGISLATION CITED : Civil Procedure Act 2005 s 101
Svjatoslav Rupchev (Plaintiff) PARTIES : Beverley Callow (First Defendant) Vladimir Rupchev (Second Defendant)
FILE NUMBER(S) : SC 11861 of 2004
S Burley/P Arcus (Plaintiff) COUNSEL : R E Quickenden (First Defendant) N/A (Second Defendant)
Goldrick Farrell Mullan (Plaintiff) SOLICITORS : Nash Allen Williams & Wotton (First Defendant) Plowman Legal (Second Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION POSSESSION LIST
Simpson J
7 June 2007
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