Aged Care Services v Macedonian Aged Care [2012] NSWSC 531

Supreme Court New South Wales

Medium Neutral Citation: Aged Care Services v Macedonian Aged Care [2012] NSWSC 531 Hearing dates: 28/03/2012, 29/03/2012 and 03/04/2012 Decision date: 04 April 2012 Jurisdiction: Equity Division Before: McDougall J Decision: Cross-claimant succeeds. Stand proceedings over for parties to bring in orders. Catchwords: [EQUITY] - interest - priorities - whether acknowledgement is effective to prove that a debt was owing - whether acknowledgment created an enforceable promise to give security over the land in the event that the debt was not paid by the specified date - whether first cross-defendant is entitled to be subrogated to the rights of the mortgagee bank - whether cross-claimant's equitable interest should be postponed to the equitable interest of the first cross-defendant.

[PROCEDURE] - whether orders made on 3 and 21 June 2011 be set aside pursuant to UCPR r 36.15. Legislation Cited: Evidence Act 1995 (NSW) Real Property Act 1900 (NSW) Cases Cited: Associated Midland Corporation Ltd v Bank of New South Wales (1984) 51 ALR 641 Blatch v Archer (1744) 1 Cowp 63;98 ER 969 J&H Just (Holdings) Pty Limited v Bank Of New South Wales(1971) 125 CLR 546 Lapin v Abigail (1930) 44 CLR 166 State Bank of New South Wales v Berowra Waters Holdings Pty Ltd (1986) 4 NSWLR 398 Category: Principal judgment Parties: Aged Care Services Limited (ACN 134 548 182) (Plaintiff/First Cross-Defendant) Macedonian Aged Care & Accommodation Limited (ACN 108 568 190) (First Defendant/Second Cross-Defendant) Robert Tiricovski (Second Defendant) Slavicia Tiricovski (Third Defendant) Kanning Services Pty Limited (ACN 001 887 118) (Fourth Defendant/Cross-Claimant) Representation: Counsel: P H Blackburn-Hart SC / D M Roberts S Galitsky (Plaintiff/First Cross-Defendant) D Ziman (Solicitor) (First, Second and Third Defendants) Solicitors: Websters Solicitors (Plaintiff/First Cross-Defendant) Ziman & Ziman Solicitors (First, Second and Third Defendants) File Number(s): 2010/422352