Mahendran v Chase Enterprises Pty Ltd [2013] NSWCA 280

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mahendran v Chase Enterprises Pty Ltd [2013] NSWCA 280 Hearing dates: 3 July 2013 Decision date: 03 September 2013 Before: Barrett JA (at [1]; Emmett JA (at [59]); Gleeson JA (at [60]) Decision: 1. Appeal allowed in part. 2. Set aside the verdict and judgment ordered against the appellant and in favour of the respondent in the District Court and in lieu thereof order verdict and judgment against the appellant and in favour of the respondent in the sum of $138,833.29. 3. Appeal otherwise dismissed. 4. The respondent pay the appellant's costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: BANKING AND FINANCE - loan facilities - several loans by lender to borrower - proceeds of sales of properties wholly applied towards repayment of loans - action by lender to recover outstanding balances - judgment given - whether interest correctly calculated - whether outstanding balance less than judgment sum - REAL PROPERTY - caveats against dealings - caveat lodged by lender on title to borrower's property over which it held no security - whether that caveat lodged without reasonable cause - whether borrower sustained loss attributable to lodgement of the caveat Legislation Cited: Real Property Act 1900, s 74P Cases Cited: Brogue Tableau Pty Ltd v Binningup Nominees Pty Ltd v [2007] WASCA 179; (2007) 35 WAR 27 Natuna Pty Ltd v Cook [2007] NSWSC 121 Category: Principal judgment Parties: Rajiv Kumar Mahendran (Appellant) Chase Enterprises Pty Ltd (Respondent) Representation: Counsel: Self-represented Appellant Mr B Pluznyk (Respondent) Solicitors: Self-represented Appellant GRG Lawyers & Consultants - Respondent File Number(s): CA 2012/299242 Decision under appeal Date of Decision: 2012-08-30 00:00:00 Before: Olsson DCJ File Number(s): DC 2012/31203