StockCo Agricapital Pty Ltd v Dairy Livestock Services Pty Ltd (No 2) [2020] NSWSC 636

Supreme Court New South Wales

Medium Neutral Citation: StockCo Agricapital Pty Ltd v Dairy Livestock Services Pty Ltd (No 2) [2020] NSWSC 636 Hearing dates: On the papers; last submission received 12 May 2020 Date of orders: 18 May 2020 Decision date: 18 May 2020 Jurisdiction: Equity Before: Parker J Decision: See [41] Catchwords: COSTS – party/party – general rule that costs follow the event – offer of compromise from successful party – whether the application of UCPR r 42.34 excluded costs on an indemnity basis

CIVIL PROCEDURE – interest – whether interest to be awarded under s 100 of the Civil Procedure Act 2005 (NSW) Legislation Cited: Civil Procedure Act 2005 (NSW), ss 90(1), 100 Justice Legislation Amendment Act (No 3) 2018 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 6.12(6)-(8), 16.16(1)(b), 36.1, 42.14, 42.34 Cases Cited: Averkin v Insurance Australia Ltd (No 2) [2016] NSWCA 150 Re Dungowan Manly Pty Ltd (in liq) [2015] NSWSC 915 The NTF Group Pty Ltd v PA Putney Finance Australia Pty Ltd [2017] NSWSC 1194 Category: Costs Parties: StockCo Agricapital Pty Ltd (Plaintiff) Dairy Livestock Services Pty Ltd (Defendant) Representation: Counsel: J Stephenson (Plaintiff)

Solicitors: ClarkeKann Lawyers (Plaintiff) Patane Lawyers (Defendant) File Number(s): 2018/51401 Publication restriction: Nil

Judgment – EX TEMPORE Revised from transcript; issued 4 June 2020 1. On 31 March this year I delivered the principal judgment in these proceedings: StockCo Agricapital Pty Ltd v Dairy Livestock Services Pty Ltd [2020] NSWSC 318. I directed the plaintiff to bring in a minute of order giving effect to my conclusions. The parties disagree on some of the orders to be made, and this judgment resolves those disagreements. It assumes familiarity with, and uses abbreviations used in, the principal judgment. 2. Following delivery of the principal judgment, the parties agreed a timetable for lodgement of written submissions. The last submission was delivered on 12 May. The submissions were accompanied by affidavits of the parties' solicitors, to which no objection was taken. 3. The parties agreed that as a consequence of my decision, there should be judgment in favour of the plaintiff (StockCo) against the defendant (DLS) in the sum of $207,009.87. This figure is made up of two separate amounts to which I found StockCo was entitled, namely $118,924.78 and $88,085.09 (see principal judgment at [6]–[9]). There are two areas of dispute, namely interest and costs.