Prospa Advance Pty Ltd v Barnard (No.2) [2022] NSWDC 84

District Court New South Wales

Medium Neutral Citation: Prospa Advance Pty Ltd v Barnard (No.2) [2022] NSWDC 84 Hearing dates: On the papers Date of orders: 25 March 2022 Decision date: 25 March 2022 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 8 Catchwords: PRACTICE AND PROCEDURE – orders for interest and costs – whether costs should be paid in accordance with contract Legislation Cited: Civil Procedure Act 2005 (NSW) ss 98, 100 Uniform Civil Procedure Rules 2005 (NSW) r 42.1, 42.2 Cases Cited: Maher v Network Finance Ltd (1986) 4 NSWLR 694 Prospa Advance Pty Ltd v Barnard [2022] NSWDC 65 Texts Cited: Nil Category: Costs Parties: Prospa Advance Pty Ltd (plaintiff) Mr S Barnard (defendant) Representation: Counsel: Mr R Freeman for the plaintiff

Solicitors: Sphere Legal for the plaintiff Mr Barnard, in person File Number(s): 2019/341045 Publication restriction: Nil

Judgment 1. I delivered reasons for judgment in this matter on 18 March 2022 [1] . I found for the plaintiff in its claim to enforce a guarantee for the principal debt in the sum of $119,861.86. The matter was stood over to allow short minutes to be brought in. The remaining controversy concerned the issues of interest and costs flowing from the Court's determination in that earlier judgment. The parties were given time to confer on these issues and, in the event that no agreement materialised, to supply the Court with additional submissions in respect to these issues. 2. No agreement has materialised on these remaining questions. The plaintiff supplied short written submissions. The defendant did not.