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The High Court ruled on costs and final orders following a substantive application by the plaintiffs for well-charging relief, arising from a dispute over a judgment mortgage registered against property. The plaintiffs were entirely successful in their claims and in opposing several motions brought by the first named defendant, who challenged the proceedings on grounds including the alleged defectiveness of a lis pendens and sought to set aside various orders. The court declined to defer final orders pending related proceedings and appeals, awarded all relevant costs to the plaintiffs against the first named defendant (and in substantive relief, against both defendants), and ordered a stay of execution of certain orders for six months to allow discharge of debt. The court considered the plaintiffs' success in each application, the lack of merit in the defendant's objections, and confirmed both the registration and enforceability of the judgment mortgage, including any necessary sale of the charged property should the debt remain unpaid.
well-charging relief – judgment mortgage – mortgage enforcement – costs ruling – plaintiffs" motions – defendants" motions – application to defer orders – High Court appeal – lis pendens – notice of motion – removal of judgment mortgage – RSC (Rules of the Superior Courts) – Legal Services Regulation Act 2015 – Land and Conveyancing Law Reform Act 2009 – stay of execution – property law – de novo rehearing
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