Hill Foundation Pty Ltd v 131 MVR Pty Ltd

[2022] NSWSC 520

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Guarantee and Indemnity
2. › construction of contract of guarantee
3. › creditor’s claim was a claim in debt for a liquidated sum as distinct from a claim for damages for breach of contract
4. › distinction important as principles of mitigation only apply to the latter
1. Mortgages and Securities
2. › mortgages
3. › duties, rights and remedies of mortgagee
4. › power of sale
5. › no duty to sell at any particular time or at all
1. Civil Procedure
2. › Court of Appeal
3. › costs orders
4. › interest component of a judgment is included when determining whether a judgment meets the $500,000 threshold in UCPR r 43.34