Ferizis v Nash [2007] NSWDC 109

Pending Appeal :

New South Wales District Court

CITATION: Ferizis v Nash [2007] NSWDC 109

HEARING DATE(S): 16 May 2007

JUDGMENT DATE: 18 May 2007

JURISDICTION: Civil

JUDGMENT OF: Rein SC DCJ

DECISION: See [10], [21], [24] and [30].

CATCHWORDS: Claim for interest on basis of option deed - Issue of construction - Claim for indemnity costs and for former solicitor of defendants to pay plaintiff's costs - Application for a stay refused

LEGISLATION CITED: Civil Procedure Act 2005, s 100 District Court Act 1973, ss 51, 128

Ankar Pty Ltd & Arnick Holdings Ltd v National Westminster Finance (Australia) Ltd (1987) 162 CLR 549 Coghlan v SH Lock (Australia) Ltd (1987) 8 NSWLR 88 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225; 118 ALR 248 Degmam Pty Ltd (in liq) v Wright (No 2) [1983] 2 NSWLR 354 CASES CITED: Harrison v Schipp [2001] NSWCA 13 Jeans v Bruce [2004] NSWSC 758 Oshlack v Richmond River Council (1998) 193 CLR 72 Re Smith; Ex parte Rundle (No 2) (1991) 6 WAR 299 Toll (FGCT) Pty Ltd (Formerly Finemores GCT Pty Ltd) v Alphafarm Pty Ltd [2004] HCATrans 13

George Ferizis (plaintiff) PARTIES: Christine Nash (first defendant) Graham Vaughan (second defendant)

FILE NUMBER(S): 2804/05

Mr R Parsons (plaintiff) COUNSEL: Mr M Maxwell (first defendant) Second defendant in person

SOLICITORS: Merewether & Co Solicitors (plaintiff)

JUDGMENT

1 On 27 April 2007 I handed down judgment for the plaintiff in the amount of $500,000 exclusive of interest and directed the parties to bring in calculations of the interest. I published my reasons, which should be read in conjunction with these reasons, and I shall use the same abbreviations. I also stood over the question of costs at the request of the parties until 16 May 2007, and directed submissions on the issues of interest and costs.