Campbell v Tran (No 2) [2024] NSWSC 339

Supreme Court New South Wales

Medium Neutral Citation: Campbell v Tran (No 2) [2024] NSWSC 339 Hearing dates: 25 March 2024 Date of orders: 25 March 2024 Decision date: 25 March 2024 Jurisdiction: Equity Before: Meek J Decision: Orders made for (a) entry of judgment based on findings as to monetary amounts on various claims, (b) pre-judgment interest and (c) costs in a specified gross sum. Catchwords: ORDERS — Determination of total amount of judgment sum based on findings in principal judgment regarding various monetary claims ORDERS — Interest — Claim for pre-judgment interest — Interest allowed COSTS — Calderbank offer — Principles — Assessment of offer from a mathematical perspective in terms of the value of benefit ultimately derived at a final hearing and from the nature of the relief sought — Indemnity costs refused COSTS — Indemnity costs sought on basis of defendant's conduct in allegedly prolonging the proceedings and unsuccessful defence — Indemnity costs refused COSTS — Specified gross sum sought under s 98(4)(c) of the Civil Procedure Act 2005 (NSW) — Potential for a cost assessment process to be stymied or prolonged in light of foreshadowed application of first defendant to file for her bankruptcy — Specified gross sum allowed and determined PAYMENT INTO COURT — Request made for the Court to order payment into Court of funds the subject of mortgagee or proposed mortgagee sales — Request declined as plaintiffs' interests safeguarded by leave to apply in respect of working out of orders and direction to the first defendant to provide contact details for mortgagee contact person Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Calderbank v Calderbank [1976] Fam 93; [1975] 3 All ER 333 Campbell v Tran [2024] NSWSC 204 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225; [1993] FCA 801 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd [1988] FCA 364; (1998) 81 ALR 397 Hamod v State of New South Wales (No 13) [2009] NSWSC 756 Maestrale v Aspite [2014] NSWCA 182 Parisi v Nigro [2006] NSWCA 121 Wang v Yu (No 2) [2024] NSWSC 4 Wang v Yu (No 3) [2024] NSWSC 190 Texts Cited: Supreme Court Practice Note SC Gen 16 Category: Costs Parties: Anthony Campbell (First Plaintiff) Sherne Alice Campbell (Second Plaintiff) Monika Thao Than Tran (First Defendant) Red Sienna Pty Ltd (Second Defendant) Representation: Counsel: M Bennett (Plaintiffs) Self-represented (First Defendant)