Vie De L’Eau v Williams [2015] NSWSC 804

A settlement was agreed between a lender and borrower in possession proceedings. The deed of settlement permitted the lender to obtain a consent judgement if payment was not made on time by the borrower, time being of the essence.  Payment was not made and consent judgment was entered. The borrower sought to have judgment set aside on the basis that it was entered irregularly because the lender’s solicitor made a typo regarding the settlement amount, which was slightly less than the agreed settlement amount, but was corrected.

The Court dismissed the borrower’s claim that the judgement was entered irregularly because there was no evidence that the mistake was relied upon by the borrower, it being an obvious error as to the amount that was corrected. The court said:

The simple fact of the matter is that the terms of the deed are clear. The obligations of the mortgagor under it were clear and even if a party’s strict insistence upon the letter of the law does not always present it in the most pleasing light, the mortgagee was entitled to insist upon strict compliance with the terms of the agreement.

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