Gladys Hargraves v Susan Eveston (No 2­)

The matter before the court was a dispute between Gladys Hargraves and Susan Eveston, involving a contract between the parties regarding loans formalised by deeds. The primary issue was the rate of interest to be applied on a judgment debt after the court had entered judgment in the plaintiff's favour. The deeds in question specified an interest rate, and the plaintiff sought to enforce this rate in relation to the judgment debt. The defendant contended that the plaintiff's failure to make a submission at the hearing regarding the interest rate on the judgment debt disentitled the plaintiff from subsequently seeking interest in accordance with the contract.

The court considered whether the plaintiff's omission to make a submission at the hearing precluded them from seeking interest in accordance with the contract. The court found that it would be presumptuous and precipitous to conclude that the plaintiff was disentitled from seeking interest in accordance with the contract. The court held that the plaintiff was entitled to interest in accordance with the contract, as the deeds clearly specified an interest rate, and there was no valid reason to deviate from the contractual terms.

The court further found that the parties had cooperated for the first and only time in the proceedings, which did not warrant a departure from the contractual terms. The court emphasised the importance of adhering to the contractual terms unless there were compelling reasons to do otherwise. The court ultimately determined that the plaintiff was entitled to interest on the judgment debt in accordance with the contract.

The court ordered that interest be paid on the judgment debt at the rate specified in the deeds, from the date of the judgment until satisfaction. The court also directed that the defendant pay the plaintiff's costs of the application.