Koprivnjak v Koprivnjak (No 2) [2022] NSWSC 756

Supreme Court New South Wales

Medium Neutral Citation: Koprivnjak v Koprivnjak (No 2) [2022] NSWSC 756 Hearing dates: On the papers Date of orders: 09 June 2022 Decision date: 09 June 2022 Jurisdiction: Equity Before: Peden J Decision: 1. The money held in the controlled monies account under the sole control of Fordham Lawyers, as required by Order 2(i) of the Orders made on 16 December 2020, be distributed to the parties in the following way as soon as practicable: a. The sum of $138,797.14 to the plaintiff in satisfaction of the mortgage covenants, being $75,000 loan sum and $63,797.14 by way of interest; and b. The remainder to the defendant. 2. The plaintiff's claim is otherwise dismissed. 3. The plaintiff pay the defendant's costs of and incidental to these proceedings on an indemnity basis. Catchwords: JUDGMENTS AND ORDERS — Judgment sum — Interest payable COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise/Calderbank offers — Set off — Whether costs should be set off against judgment debt Legislation Cited: Civil Procedure Act 2005 (NSW) ss 98, 100 Family Law Act 1975 (Cth) s 117 Uniform Civil Procedure Rules 2005 (NSW) rr 14.25, 20.26, 42.22 Cases Cited: Abdi v Abdi (No 2) [2022] NSWSC 582 Alexander v Cambridge Credit Corp Ltd (1985) 2 NSWLR 685 Al Maha Pty Ltd v Coplin (2018) 19 BPR 38951; [2018] NSWSC 1623 Au v Berlach (No 2) [2022] NSWSC 228 Elite Protective Personnel Pty Ltd v Salmon [2007] NSWCA 322 Ettingshausen v Australian Consolidated Press Ltd (1995) 38 NSWLR 404 Ismail v NSW Land & Housing [2014] NSWSC 1434 Koprivnjak v Koprivnjak [2021] NSWSC 183 Koprivnjak v Koprivnjak [2022] NSWSC 586 Lahoud v Lahoud [2012] NSWSC 284 Latoudis v Casey (1990) 170 CLR 534 Victorian Education Foundation Ltd v AC Hall Airconditioning Contracting Pty Ltd [2013] VSCA 32 Category: Consequential orders Parties: John Koprivnjak (Plaintiff) Natalie Koprivnjak (Defendant) Representation: Counsel: A Rogers (Plaintiff) C Bolger (Defendant)