Bendigo and Adelaide Bank Ltd v Karamihos (No 2) [2014] NSWCA 76

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bendigo and Adelaide Bank Ltd v Karamihos (No 2) [2014] NSWCA 76 Hearing dates: On the papers Decision date: 25 March 2014 Before: Macfarlan JA at [1]; Ward JA at [8]; Sackville AJA at [9] Decision: In proceedings 2009/14393 in the Common Law Division: (1) Order that the defendants give possession to the plaintiff of the whole of the land comprised in folio identifier 4966/752015; (2) Grant leave to issue a writ for possession; (3) Judgment in favour of the plaintiff against the first and second defendants for the amount of $1,421,482.52, inclusive of interest to the date of this judgment. (4) Order the defendants to pay the plaintiff's costs. In proceedings 2012/334829 in the Equity Division: (5) Judgment for the defendant; (6) Order the plaintiffs to pay the defendant's costs. In both proceedings: (7) Order the respondents to pay the appellant's costs of the proceedings on appeal. (8) Direct that the respondents have certificates under the Suitors' Fund Act 1951 (NSW), if qualified. [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: PRACTICE AND PROCEDURE - consequential orders - entitlement of financier to have enforcement expenses payable under mortgage included in judgment amount Legislation Cited: Civil Procedure Act 2005 (NSW), s 101 Legal Profession Act 2004 (NSW), s 350 Ritchie's Uniform Civil Procedure (NSW) Suitors' Fund Act 1951 (NSW) Category: Consequential orders Parties: Bendigo and Adelaide Bank Ltd (Appellant) Steve Karamihos (First Respondent) Aristea Karamihos (Second Respondent) Representation: Counsel: J Stoljar SC/R I Bellamy (Appellant) V B Hughston SC/J F Merkel (Respondents) Solicitors: Gadens Lawyers (Appellant) Margiotta Solicitors (Respondents) File Number(s): CA 2013/154093 Decision under appeal Jurisdiction: 9111 Citation: Steve Karamihos and Aristea Karamihos v Bendigo and Adelaide Bank Limited; Bendigo and Adelaide Bank Limited v Steve Karamihos and Aristea Karamihos [2013] NSWSC 172 Date of Decision: 2013-03-08 00:00:00 Before: Pembroke J File Number(s): SC 2012/00334829; 2009/14393