Luben Petkovski v Kai Yin Huang (No. 4) [2020] NSWSC 1182

Supreme Court New South Wales

Medium Neutral Citation: Luben Petkovski v Kai Yin Huang (No. 4) [2020] NSWSC 1182 Hearing dates: 16 and 22 April 2020 Date of orders: 1 September 2020 Decision date: 01 September 2020 Jurisdiction: Equity Before: Slattery J Decision: Orders for interest and costs made. Catchwords: INTEREST - interest up to judgment – loss of opportunity – compensation awarded to cross-claimants on the basis of a market valuation of real property as at the date of hearing including capital gains up to that date – property income producing – whether pre-judgment interest should be awarded. COSTS - claim and cross-claim – mixed result on some claims in the proceedings – some claims took substantially more time than other claims – whether one party was substantially successful – what is an appropriate cost order in the circumstances. BANKRUPTCY - plaintiff/cross-defendant made bankrupt on his own petition – at the time of his bankruptcy only two issues remain for determination in the proceedings, interest and costs – at the time of his bankruptcy all submissions had been filed and all relevant legal work on the two issues of interest and costs was complete on both sides – whether judgment for interest and costs should be given. Legislation Cited: Bankruptcy Act 1966 (Cth), s 58(3). Civil Procedure Act 2005, ss 100, 101 Competition and Consumer Act 2010 (Cth), Schedule 2, s 236 Conveyancing Act 1919, s 88K(4) Cases Cited: ABB Engineering Construction Pty Limited v Abigroup Contractors Pty Limited [2003] NSWSC 867 Currabubula Holdings Pty Ltd v State Bank of New South Wales v State Bank of NSW [2000] NSWSC 232 Hughes v Western Australian Cricket Association Inc (1986) ATPR 40-748 King Network Group Pty Ltd v Club of the Clubs Pty Ltd (No 2) [2009] NSWCA 204 Luben Petkovski v Kai Yin Huang [2018] NSWSC 1667 Luben Petkovski v Kai Yin Huang (No. 2) [2019] NSWSC 1563 Luben Petkovski v Kai Yin Huang (No. 3) [2019] NSWSC 1566 Screenco Pty Ltd v RL Dew Pty Ltd (2003) 58 NSWLR 720 Star v O'Brien (1996) 40 NSWLR 695 Category: Consequential orders Parties: Luben Petkovski (first plaintiff, first cross-defendant) Diana Petkovski (second plaintiff, second cross-defendant) George Gashovski (third plaintiff, third cross-defendant) Lence Petkovski (fourth plaintiff, fourth cross-defendant) Kai Yin Huang (defendant, first cross-claimant) Xuan Jing Huang (second cross-claimant) Representation: Counsel: D A Moujalli (plaintiffs/cross-defendants) J S Wheelhouse SC, J E Doyon (defendant /cross-claimants)