Westpac Banking Corporation v Mahabat [2016] NSWSC 102

Supreme Court New South Wales

Medium Neutral Citation: Westpac Banking Corporation v Mahabat [2016] NSWSC 102 Hearing dates: 17 February 2016 Date of orders: 25 February 2016 Decision date: 25 February 2016 Jurisdiction: Common Law Before: Davies J Decision: 1. Prosper Property Group Pty Ltd be joined as the Second Cross Claimant to the Second Cross-Claim.

2. The Cross Claimants have leave to file in Court the Second Further Amended Statement of Cross Claim in the Second Cross Claim.

3. The Court declares that the entitlement of Prosper Property Group Pty Limited as judgment creditor for $1,020,695.69 pursuant to the order of 30 September 2013 as amended on 19 March 2015 together with interest thereon pursuant to section 101 of the Civil Procedure Act 2005 (NSW) from 30 September 2013 to the date of payment is secured by the mortgage AD255978 registered over the land at 103 Kensington Park Road, Schofields referred to in order 1 of the Short Minutes of Order referred to in order 1 of the orders of Darke J made on 24 July 2015 in proceedings 2015/00155870 ("the Property").

4. The Court declares that the entitlement of Prosper Property Group Pty Limited as judgment creditor for $942,468.17 pursuant to the order of 17 October 2013 as amended on 19 March 2015 together with interest thereon pursuant to section 101 of the Civil Procedure Act 2005 from 17 October 2013 to the date of payment is secured by the mortgage AD255978 registered over the Property.

5. The Court declares that to the extent to which the sum set out in order 4 hereof is satisfied by Mahabat Mahabat and/or the sums set out in orders 3 and 4 hereof are satisfied from the interests of Rouhallah Kargarian and/or Mahabat Mahabat in the Property, Rouhallah Kargarian and Mahabat Mahabat are entitled to equality of contribution as between each other.