Paltos v Bartier Perry Pty Ltd (No 2) [2020] NSWSC 1706

Supreme Court New South Wales

Medium Neutral Citation: Paltos v Bartier Perry Pty Ltd (No 2) [2020] NSWSC 1706 Hearing dates: 17 July 2020 Decision date: 01 December 2020 Jurisdiction: Common Law Before: Rothman J Decision: (1) Judgment in the proceedings for the plaintiff; (2) The defendant shall pay the plaintiff the sum of $1,411,707; (3) Pursuant to the terms of s 100 of the Civil Procedure Act 2005 (NSW) the defendant shall pay interest on the aforesaid judgment sum from 22 July 2016 until the date of judgment at the rate prescribed in Supreme Court Practice Note SC Gen 16; (4) Pursuant to the terms of s 101 of the Civil Procedure Act 2005 (NSW), the defendant shall pay post-judgment interest at the prescribed rate; (5) The defendant shall pay the plaintiff's costs of the proceedings up to and including 28 February 2018 on the ordinary basis and on and from 1 March 2018 on an indemnity basis. Catchwords: COSTS – Offer of Compromise – Offer by plaintiff of judgment dismissing proceedings is an offer "in favour of the defendant" and complies even though it provides "no order for costs". JUDGMENTS and ORDERS – Possibility of other proceedings diminishing damages – unlikely result – assess as uncertainty or require undertaking as to repayment – other consequential issues – indemnity refused Legislation Cited: Civil Procedure Act 2005 (NSW), ss 100, 101 Uniform Civil Procedure Rules 2005 (NSW), r 20.26, Pt 42 Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; [1996] HCA 25 Lee Transport Co Ltd v Watson (1940) 64 CLR 1; [1940] HCA 27 Malec v JC Hutton Pty Ltd (1990) 169 CLR 638; [1990] HCA 20 Mulholland v Mitchell [1971] AC 666 Paltos v Bartier Perry Pty Ltd [2020] NSWSC 705 Petroleum & Chemical Corporation of (Aust) Ltd v Morris (1973) 1 ALR 269 Sellars v Adelaide Petroleum NL (1994) 179 CLR 332; [1994] HCA 4 Category: Consequential orders (other than Costs) Parties: Dennis Paltos (Plaintiff) Bartier Perry Pty Ltd (ACN 124 690 053) (Defendant) Representation: Counsel: C Freeman (Plaintiff) J Emmett / H Grace (Defendant)