Milevski v Paltos (No 2) [2022] NSWSC 437

Supreme Court New South Wales

Medium Neutral Citation: Milevski v Paltos (No 2) [2022] NSWSC 437 Hearing dates: 8 April 2022 Date of orders: 8 April 2022 Decision date: 08 April 2022 Jurisdiction: Equity Before: Parker J Decision: See [30]-[31] Catchwords: INTEREST – statutory interest – partnership account – whether "proceedings for the recovery of money" – purpose of award of statutory interest – Civil Procedure Act 2005 (NSW), s 100 – interest awarded on judgment for balance due on account COSTS – costs following judgment – partnership account – where plaintiff succeeded on valuation of goodwill issue and in obtaining judgment for balance due on account – where plaintiff succeeded on claim for indemnity against partnership liability to bank – order for costs in favour of plaintiff with no order as to costs solely referable to other accounting and receivership issues Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Ausintel Investments Pty Ltd v Lam (1990) 19 NSWLR 637 Bennett v Jones [1977] 2 NSWLR 355 Milevski v Paltos [2022] NSWSC 261 Newton v Grand Junction Railway Co (1846) 16 M & W 139; 153 ER 1133 Category: Procedural rulings Parties: Main proceedings Peter Milevski (Plaintiff) Dennis Paltos (Defendant) Motion filed 9 August 2019 (as amended 1 February 2022) John Maxwell Morgan and Geoffrey Robert Davis (Applicants) Peter Milevski (First Respondent) Dennis Paltos (Second Respondent) Representation: Counsel: Main proceedings CD Wood SC (Plaintiff) E Holmes (Defendant)