Australia and New Zealand Banking Group Limited v Evans (No 2)

[2023] NSWSC 1118

Supreme Court

New South Wales

Medium Neutral Citation:	Australia and New Zealand Banking Group Limited v Evans (No 2) [2023] NSWSC 1118
Hearing dates:	14 August 2023
Date of orders:	14 September 2023
Decision date:	24 August 2023
Jurisdiction:	Common Law
Before:	Schmidt AJ
Decision:	Judgment entered against the first and second defendants in the sum of $1,199,348.77, that being the amount they owe to the plaintiff as at 24 August 2023
Catchwords:	JUDGMENTS AND ORDERS — Interest — Agreements to pay interest — neither calculations nor interest rate in dispute — final order made to update calculation of what is repayable under agreement
Cases Cited:	Australia and New Zealand Banking Group Limited v Evans [2023] NSWSC 1018
Category:	Consequential orders
Parties:	Australia and New Zealand Banking Group Limited (Plaintiff) Anthony William Evans (First Defendant) Juana Gave Evans (Second Defendant)
Representation:	Counsel: Mr J Burnett (Plaintiff) Mr Anthony William Evans (self-represented) Ms Juana Gave Evans (no appearance) Solicitors: Dentons Australia (Plaintiff)
File Number(s):	2023/00075490

JUDGMENT

1. In August 2023 I gave judgment for the Bank: Australia and New Zealand Banking Group Limited v Evans [2023] NSWSC 1018. At the hearing the evidence was that Mr and Mrs Evans owed the Bank $1,194,250.81 as at 14 August 2023.

2. The Bank then also sought and was granted the opportunity, before final orders were made, to update the calculation of what was repayable by Mr and Mrs Evans under their facility as at the date of the judgment: at [21] and [76]. If there was any disagreement about that figure, Mr and Mrs Evans were also given the opportunity to make further submissions: at [77].

3. They did not avail themselves of that opportunity, so that Mr Kostov’s further affidavit, filed on 29 August, was not challenged.

4. In the result I am satisfied that Mr Kostov’s undisputed calculations must be accepted, he having ascertained the amount owing by Mr and Mrs Evans as at 24 August to be $1,199,348.77, they having made no further repayment since 20 October 2022. I note that under their facility, interest also continues to accrue at 8.75% per annum.

5. In all those circumstances I am also satisfied that the final order which will conclude these proceedings should now be made. Accordingly, I order that judgment now be entered against the first and second defendants in the sum of $1,199,348.77, that being the amount they owe to the plaintiff as at 24 August 2023.

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Decision last updated: 14 September 2023