PERMANENT MORTGAGES PTY LTD -v- VANDENBERGH [2010] WASC 10 (S2)
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2010] WASC 10 (S2) | |
| Case No: | CIV:1074/2007 | 18-20 AUGUST 2009, ON THE PAPERS & 12 MARCH 2010 | |
| Coram: | MURPHY J | 29/01/10 | |
| 7/05/10 | |||
| 7 | Judgment Part: | 1 of 1 | |
| Result: | Final orders given in the action Application to have costs paid into court declined | ||
| B | |||
| PDF Version |
| Parties: | PERMANENT MORTGAGES PTY LTD JULES JOSEPH VANDENBERGH MARIA HUBERTINA VANDENBERGH |
Catchwords: | Practice and procedure Final orders Application for an order that successful party's taxed costs be paid into court Turns on own facts |
Legislation: | Civil Judgments Enforcement Act 2004 (WA), s 15 |
Case References: | Canvas Graphics Pty Ltd v Kodak (Australasia) Pty Ltd (Unreported, FCA, 23 January 1998) Illawong Village Pty Ltd v State Bank of New South Wales [2005] NSWSC 524 Ladang Jalong (Australia) Pty Ltd v Callander [2005] WASCA 203 Permanent Mortgages Pty Ltd v Vandenbergh [2010] WASC 10 (S) Scott v Kogarah Municipal Council (1988) 65 LGRA 92 Secure Parking (WA) Pty Ltd v Wilson [2006] WASCA 135 State Bank of Victoria v Parry [1989] WAR 240 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA CITATION : PERMANENT MORTGAGES PTY LTD -v- VANDENBERGH [2010] WASC 10 (S2) CORAM : MURPHY J HEARD : 18-20 AUGUST 2009, ON THE PAPERS & 12 MARCH 2010 DELIVERED : 29 JANUARY 2010 SUPPLEMENTARY
DECISION : 7 MAY 2010 FILE NO/S : CIV 1074 of 2007 BETWEEN : PERMANENT MORTGAGES PTY LTD
- Plaintiff
AND
JULES JOSEPH VANDENBERGH
MARIA HUBERTINA VANDENBERGH
Defendants
Catchwords:
Practice and procedure - Final orders - Application for an order that successful party's taxed costs be paid into court - Turns on own facts
Legislation:
Civil Judgments Enforcement Act 2004 (WA), s 15
Result:
Final orders given in the action
Application to have costs paid into court declined
(Page 2)
Category: B
Representation:
Counsel:
Plaintiff : No appearance
Defendants : No appearance
Solicitors:
Plaintiff : Solomon Brothers
Defendants : Butcher Paull & Calder
Case(s) referred to in judgment(s):
Canvas Graphics Pty Ltd v Kodak (Australasia) Pty Ltd (Unreported, FCA, 23 January 1998)
Illawong Village Pty Ltd v State Bank of New South Wales [2005] NSWSC 524
Ladang Jalong (Australia) Pty Ltd v Callander [2005] WASCA 203
Permanent Mortgages Pty Ltd v Vandenbergh [2010] WASC 10 (S)
Scott v Kogarah Municipal Council (1988) 65 LGRA 92
Secure Parking (WA) Pty Ltd v Wilson [2006] WASCA 135
State Bank of Victoria v Parry [1989] WAR 240
(Page 3)
1 MURPHY J: Since my supplementary reasons in this matter (Permanent Mortgages Pty Ltd v Vandenbergh [2010] WASC 10 (S)), the parties have largely agreed final orders, including the stay of substantive relief and the stay of payment of restitution by the mother, pending any appeal. There are, however, two principal points of difference. The first is the amount of restitution payable by the mother. In particular, the bank says that the mother should not receive the benefit of…
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- Case
- [2010] WASC 10 (S2)
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to address were whether the mortgage was properly constituted and, if so, whether Vandenbergh was liable for the outstanding loan. The court also had to consider the plaintiff's application for an order that any costs awarded to the successful party be paid into court, rather than directly to the plaintiff. This application hinged on the specific circumstances of the case and whether it was just and equitable for such an order to be made.
In delivering its judgment, the court found that the mortgage was valid and that Vandenbergh was indeed liable for the outstanding loan. The court determined that the application to have the successful party's taxed costs paid into court was not warranted as it did not align with the principles of justice and fairness in the context of the case. The court's reasoning was based on the established legal framework governing mortgages and the discretion afforded to it in determining costs orders.
The final orders of the court confirmed the validity of the mortgage and the liability of Vandenbergh for the outstanding loan. The application for the costs to be paid into court was declined, leaving the plaintiff to recover its costs directly from Vandenbergh.
Orders
Orders of the court
Final orders given in the action
Application to have costs paid into court declined
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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