A & P Parkes Constructions v Como Hotel Holdings [2004] NSWSC 792

New South Wales Supreme Court

CITATION : A & P Parkes Constructions v Como Hotel Holdings [2004] NSWSC 792 HEARING DATE(S) : 20 August 2004 JUDGMENT DATE : 20 August 2004

JUDGMENT OF : McDougall J at 1 DECISION : See paras [14] and [15] of judgment

CATCHWORDS : BUILDING AND CONSTRUCTION - INTEREST - whether plaintiff entitled to interest from date payments due as determined by referee - where contract provides for date from which interest to run - where plaintiff entitled to interest only at Schedule J rates and not at contractual rate - whether regard had to contract on question of date of accrual of entitlement to interest - where no claim of interest notified until proceedings commenced - whether plaintiff only entitled to interest from date of commencement of proceedings - where defendant had benefit of use and occupation of premises, and known of claim, before proceedings commenced - whether excessive delay in prosecution of plaintiff's claim - COSTS - where plaintiff succeeded for part only of the amount that it claimed - where no dominant issue that led to plaintiff receiving substantially less than the amount of claim - whether plaintiff entitled to costs without reduction Simonius Vischer & Co v Holt & Thompson [1979] 2 NSWLR 322 Anderson's (Pacific) Trading Co Pty Ltd v Karlander New Guinea Line Ltd [1980] 2 NSWLR 870 Forster v Farquhar & Ors [1893] 1 QB 564 CASES CITED : Cretazzo v Lombardi (1975) 13 SASR 4 Abigroup v Peninsula Balmain (21 May 2003 unreported) Waters v P C Henderson Australia Pty Ltd (6 July 1994 unreported) Mackinnon v Petersen (19 April 1989 unreported) PARTIES : A & P Parkes Constructions Pty Limited (Plaintiff) Como Hotel Holdings Pty Limited (Defendant) FILE NUMBER(S) : SC 55028/02 COUNSEL : I Faulkner SC (Plaintiff) D Farrar, Solicitor (for Administrator) SOLICITORS : Cowley Hearne (Plaintiff) Minter Ellison (Defendant)