Australian Karting Association Ltd v Karting (NSW) Incorporated (No 2) [2021] NSWSC 1154

Supreme Court New South Wales

Medium Neutral Citation: Australian Karting Association Ltd v Karting (NSW) Incorporated (No 2) [2021] NSWSC 1154 Hearing dates: On the papers Decision date: 10 September 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) The judgment sum for the judgment ordered in favour of the cross-claimant in order (2) on 25 August 2021 is $700,899.77, which comprises the principal amount of $616,065.06, together with prejudgment interest pursuant to s 100(1) of the Civil Procedure Act 2005 (NSW) in the sum of $84,834.71. (2) In lieu of order (4) made on 25 August 2021, order the plaintiff/cross-defendant to pay the defendant/cross-claimant's costs of and incidental to the proceedings (including the cross-claim), save for the costs payable pursuant to the order of Judicial Registrar Howard dated 18 October 2019: (a) up to and including 3 April 2020 on the ordinary basis; and (b) on and from 4 April 2020 on an indemnity basis. Catchwords: COSTS — Party/Party — Calculation of pre-judgment interest in accordance with s 100(1) of the Civil Procedure Act 2005 (NSW) — Dispute over liability for costs — Offer of compromise made in accordance with Uniform Civil Procedure Rules 2005 (NSW) — Plaintiff to pay the defendant's costs of the proceedings (including the cross-claim) on the bases provided in the defendant's draft order CIVIL PROCEDURE — Commencement of proceedings — Statement of claim — Judgment entered for the defendant — Dismissal inappropriate when judgment ought be entered Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian Karting Association Ltd v Karting (NSW) Incorporated [2021] NSWSC 1075 Category: Principal judgment Parties: Australian Karting Association Ltd (Plaintiff / Cross-Defendant) Karting (NSW) Incorporated (Defendant / Cross-Claimant) Representation: Counsel: J Gooley (Plaintiff / Cross-Defendant) S Snow (Defendant/ Cross-Claimant)