Wilson v Daco Developments Pty Limited [2020] NSWSC 1441

Supreme Court New South Wales

Medium Neutral Citation: Wilson v Daco Developments Pty Limited [2020] NSWSC 1441 Hearing dates: 9 December 2019 and 4 March 2020 Date of orders: 20 October 2020 Decision date: 20 October 2020 Jurisdiction: Equity Before: Slattery J Decision: Costs and interest not awarded to the plaintiffs. Plaintiffs ordered to pay the second defendant's costs on the ordinary basis. Proceedings otherwise dismissed. Catchwords: CIVIL PROCEDURE – claim for interest under Civil Procedure Act 2005, s 100 – settlement reached after mediation – two claims left open in settlement – but the settlement provided for the later payment of those claims by the defendants, upon the plaintiffs substantiating certain payments they claimed they had made to third parties on behalf of the defendants – after some time the defendants made the payments on the two claims left open in the settlement – but the plaintiffs claim the defendants delayed in making these payments – the defendants seek to explain their delay on the basis that it was caused by the plaintiffs' own delay in substantiating their claimed payments to the third parties – whether the plaintiffs are entitled to interest upon the delayed payments on the two claims. COSTS - whether the plaintiffs should have an order for the costs of pursuing the delayed payments on the two claims. Legislation Cited: Civil Procedure Act 2005, ss 73, 100 Legal Profession Act 2004 Legal Profession Uniform Law Application Act 2015 Practice Note No. SC Gen 16 Cases Cited: Big Kahuna Holdings Pty Ltd v Kitas (No 2) [2012] NSWSC 858 Electricity Generation Corp v Woodside Energy Ltd; Woodside Energy Ltd v Electricity Generation Corp (2014) 251 CLR 640Falkner v Bourke (1990) 19 NSWLR 574 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104 Re Minister for Immigration and Ethnic affairs; Ex parte Lai Qin (1997) 186 CLR 622 Ruby v Marsh (1975) 132 CLR 642 Category: Principal judgment Parties: First Plaintiff: Simon Maddison Wilson Second Plaintiff: CCS Services Pty Limited Third Plaintiff: CCS Legal Pty Limited First Defendant: Daco Developments Pty Limited Second Defendant: John Anthony Hogan Representation: Counsel: Plaintiffs: K. Hooper Defendants: R Gration