Permanent Custodians Limited v King

The matter before the court involved Permanent Custodians Limited, the plaintiff, and King, the defendant. The dispute centred around the enforcement of a consent order and the calculation of damages. The case was heard in the Supreme Court of New South Wales. The plaintiff sought to enforce a consent order that was not complied with by the defendant, and additionally, the plaintiff sought to rectify the consent order to include an interest rate for calculating damages. The defendant opposed the enforcement and sought to join a third party to the proceedings.

The court had to determine whether it was appropriate to re-open the case after judgment had been entered but before orders were made, whether a third party could be joined to the proceedings, and whether the consent order could be rectified to include an interest rate. The court considered the principles of finality and the importance of ensuring that justice is served in each case. The court found that it was appropriate to re-open the case to allow for the joinder of a third party and to rectify the consent order to include an interest rate. The court held that the defendant's delay in enforcing the consent order did not warrant a refusal to re-open the case.

The court ordered that the case be re-opened to allow for the joinder of a third party and to rectify the consent order to include an interest rate. The court held that the defendant's delay in enforcing the consent order did not warrant a refusal to re-open the case. The court further held that it was appropriate to order damages with interest from the date of the breach of the consent order. The court ordered that the defendant pay damages to the plaintiff, together with interest at a rate of 7.5% per annum from the date of the breach until the date of judgment.