Davdent Pty Limited v Attinger

Davdent Pty Limited brought an action against Attinger in the Supreme Court of New South Wales seeking the payment of monies owed under a mortgage. The defendant opposed the application and subsequently applied to have the matter dismissed. Davdent then applied to have the defendant's costs ordered to be paid into the court. Attinger applied for an order to have interest paid on the money ordered to be paid into the court. The court was required to determine whether the defendant's application for dismissal was to be granted, whether Davdent's application for costs was to be granted, and whether Attinger's application for interest on money paid into court was to be granted.

The court found that the defendant's application for dismissal was manifestly untenable and dismissed it. The court found that the defendant's failure to file an appearance to the claim or a defence to the claim was a serious matter and that there was no justification for the delay. The court found that the defendant's conduct was vexatious and that an order for costs against the defendant was appropriate. The court found that Attinger's application for interest on the money paid into court was also manifestly untenable. The court found that the money had been paid into court as a result of the defendant's conduct and that it was not appropriate to make an order for interest on the money.

The court ordered that the defendant's costs of the application be paid to Davdent. The court ordered that Attinger's application for interest on the money paid into court be dismissed. The court ordered that the money paid into court be held on trust for the parties until the determination of the proceedings.