Seven Sydney v Fuji Xerox [2004] NSWSC 1081

New South Wales Supreme Court

CITATION : Seven Sydney v Fuji Xerox [2004] NSWSC 1081 HEARING DATE(S) : 1 November 2004 JUDGMENT DATE : 1 November 2004

JUDGMENT OF : McDougall J at 1 DECISION : See paras [22] and [34] of judgment

CATCHWORDS : INTEREST - where amounts overdue prior to termination of contract - where contract stipulated interest rate payable on overdue amounts - where contract subsequently terminated - whether interest should be charged on overdue amounts at contractual rate or Schedule J rate after termination - whether termination brought an end to obligation to pay interest at the contractual rate - where judgment creditor also entitled to future rental instalments at date of termination - whether interest should be charged on damages for loss of future rental instalments at contractual rate or Schedule J rate - COSTS - indemnity costs - where offer of compromise served - where result in favour of judgment creditor substantially more favourable than offer of compromise - where testing process after offer of compromise made - SCR Pt 52A r 22(4) - whether effect of testing process such that order for indemnity costs should not be made F J Bleomen Pty Ltd v Council of the City of Gold Coast [1973] AC 115 Heyman v Darwins Ltd [1942] AC 356 CASES CITED : The Progressive Mailing House Proprietary Limited v Tabali Proprietary Limited (1985) 157 CLR 17 McDonald v Dennys Lascelles Limited (1933) 48 CLR 457 Moschi v Lep Air Services Ltd [1973] AC 331 PARTIES : Seven Sydney Pty Limited (Plaintiff) Fuji Xerox Australia Pty Limited (Defendant) FILE NUMBER(S) : SC 50127/01 COUNSEL : J B Simpkins SC (Plaintiff) F G Lever SC/J M Miller (Defendant) SOLICITORS : Henry Davis York (Plaintiff) Bartier Perry (Defendant)