MORTGAGES - forged mortgage - security for amount payable by way of restitution - whether mortgagee entitled to an order for possession based on failure to pay before order for restitution made
COSTS - general rule that costs follow the event - multiple issues - plaintiff successful in obtaining order for restitution - defendant otherwise successful - indemnity costs - Calderbank letters
INTEREST - amount ordered by way of restitution - appropriate rate of interest - whether payable for period before defendant aware of plaintiff's payment under mistake - whether payable for period after plaintiff's failure to accept Calderbank offer
Case Details
Citation[2011] NSWSC 1049
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
