Australia and New Zealand Banking Group Ltd v Mishra [2012] NSWSC 1333

Supreme Court New South Wales

Medium Neutral Citation: Australia and New Zealand Banking Group Ltd v Mishra [2012] NSWSC 1333 Hearing dates: 31 October 2012 Decision date: 07 November 2012 Jurisdiction: Common Law Before: Davies J Decision: 1. The Defendants' application in relation to costs paid since August 2012 is dismissed. 2. The Defendants are to pay the costs of this application. Catchwords: MORTGAGES - mortgages and charges generally - remedies of the mortgagee - discharge of mortgage - mortgagor threatens cross-claim to challenge mortgage - whether mortgagee can require additional amount as security for contingent liability in return for discharge - whether proceedings reasonably anticipated. Legislation Cited: Australian Consumer Law Cases Cited: Baker v Biddle (1923) 33 CLR 188 Kreglinger v New Patagonia Meat and Cold Storage Co Ltd [1914] AC 25 Liberty Funding Pty Limited v Steele-Smith [2004] NSWSC 1100 Overton Investments Pty Ltd v Cuzeno RVM Pty Ltd [2003] NSWCA 27 Perpetual Trustees Australia Ltd v Barker [2004] SASC 58 Category: Costs Parties: Australia and New Zealand Banking Group Ltd (Plaintiff) Anil Chand Mishra (First Defendant) Suman Mishra (Second Defendant) Representation: Counsel: L Livingston (Plaintiff) J O'Connor (Defendant) Solicitors: Kemp Strang (Plaintiff) KB Legals Pty Ltd (Defendants) File Number(s): 2011/369292