Sutherland v Ghougassian (No. 2) [2012] NSWSC 325

Supreme Court New South Wales

Medium Neutral Citation: Sutherland v Ghougassian (No. 2) [2012] NSWSC 325 Hearing dates: 14 March 2012 Decision date: 14 March 2012 Jurisdiction: Equity Division - Corporations List Before: White J Decision: Direct the parties to prepare fresh calculations in accordance with these reasons and an order for costs in accordance with these reasons. Catchwords: COSTS - statutory discretion in relation to costs - mortgagee contractually entitled to indemnity costs - contractual right to have costs paid out of secured property as between solicitor and client

MORTGAGE - mortgages and charges - calculation of interest on moneys secured by mortgage - question as to whether a default interest rate should be applied - relevant contentions not advanced at hearing - interest to be calculated as simple interest at defined "Interest Rate" Legislation Cited: Civil Procedure Act 2005 Cases Cited: Gomba Holdings (UK) Limited v Minories Finance Limited (No. 2) [1993] Ch 171 Category: Costs Parties: Roderick Mackay Sutherland (as liquidator of St. Gregory's Armenian School Inc (in liquidation) - Applicant (2010/66795) Michael Ghougassian - 1st Respondent Daniel Ghougassian - 2nd Respondent Nareg Internet Pty Limited - 3rd Respondent; St. Gregory's Armenian School Inc - Applicant (2011/10869) Daniel Ghougassian - 1st Respondent Michael Ghougassian - 2nd Respondent Norwest Legal Services Pty Limited - 3rd Respondent Representation: Counsel: J Taylor (Plaintiff) J Loxton (Defendants) Solicitors: Addisons Lawyers (Applicants) Robert Balzola & Associates (Respondents) Matthews Dooley & Gibson (Norwest Legal) File Number(s): 2010/66795; 2011/10869