First Mortgage Managed Investments Limited v Pittman (No.4) [2015] NSWSC 265

Supreme Court New South Wales

Medium Neutral Citation: First Mortgage Managed Investments Limited v Pittman (No.4) [2015] NSWSC 265 Hearing dates: 18 December 2014, 12 February 2015, 6 March 2015 Date of orders: 23 March 2015 Decision date: 23 March 2015 Jurisdiction: Common Law Before: Garling J Decision: (1) Judgment for the Cross-claimants, Mr Pittman and Mr Webster, against the Cross-defendant, Ms Locke, in the sum of $1,951,266. (2) Judgment to take effect from 31 October 2014. (3) Order the cross defendant, Ms Locke, to pay the costs of the Cross-claimants, Mr Pittman and Mr Webster of the Second Cross-claim. Catchwords: PROCEDURE – civil – cross-claim – findings of fact in earlier judgment – admissions on pleadings – hearing remitted from Court of Appeal – judgment given – no question of general principle Legislation Cited: Contracts Review Act 1980 Uniform Civil Procedure Rules 2005 Cases Cited: First Mortgage Managed Investments Ltd v Basil James Pittman [2012] NSWSC 1332 First Mortgage Managed Investments Pty Ltd v Pittman (No.2) [2014] NSWCA 272 First Mortgage Managed Investments Pty Ltd v Pittman (No.3) [2014] NSWCA 361 First Mortgage Managed Investments Pty Ltd v Pittman [2014] NSWCA 110 First Mortgage Management Investments Pty Ltd v Pittman (No 3) [2015] NSWSC 162 First Mortgage Management Investments Pty Ltd v Pittman (No.2) [2014] NSWSC 1929 Category: Principal judgment Parties: First Mortgage Managed Investments Limited (P) Basil James Pittman (D1, Cross-Claimant) Rex Neil Webster (D2, Cross-Claimant) Margot Locke (D on 2nd Cross-Claim) Christopher M Edwards (D3) Representation: Counsel: J Lazarus (Cross-Claimants on 2nd Cross-Claim) M Rosenblatt (Defendant to 2nd Cross-Claim)