NSW Caselaw
New South Wales Supreme Court
CITATION : Corbett Court Pty Limited v Quasar Constructions (NSW) Pty Limited [2008] NSWSC 1423
HEARING DATE(S) : 12, 17, 19 December 2008 JUDGMENT OF : Hammerschlag J
EX TEMPORE JUDGMENT DATE : 19 December 2008
DECISION : Plaintiff entitled to interest at 9 percent on amounts paid to defendant in excess of the full amount paid by the plaintiff to the defendant minus $571,404, from the date of each payment amounting to $74,973.89. Plaintiff entitled to 60 per cent of its costs, not including those costs incurred in relation to the matter which are the subject of the costs order dated 26 April 2007 which will still stand.
CATCHWORDS : INTEREST – recoverability of interest – interest on ultimate verdict after contested hearing on adoption of referee's report where ultimate verdict obtained by the plaintiff is the result of various adjustments and where defendant had obtained more than amount to which it was ultimately entitled by use of the provisions of the Building and Construction Industry Security of Payment Act 1999 (NSW) – purpose of interest award to properly compensate plaintiff for practical loss - PROCEDURE – costs – plaintiff ultimately successful, however circumstances warrant departure from usual rule that costs follow the event because plaintiff unsuccessful on various discrete issues and with respect to challenges to the referee's report
Civil Procedure Act 2005 (NSW) LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999 (NSW) Uniform Civil Procedure Rules 2005 (NSW)
Ritter v Godfrey [1920] 2 KB 47 Short v Crawley (No 40) [2008] NSWSC 1302 Permanent Trustee Australia Ltd v FAI General Insurance Co Ltd (Supreme Court of New South Wales, Hodgson CJ in Eq, 3 June 1998, unreported, BC9802305) Oshlack v Richmond River Council (1998) 193 CLR 72 CASES CITED : Jamal v Secretary Department of Health (1988) 14 NSWLR 252 Hughes v Western Australian Cricket Association (Inc) (1986) 8 ATPR 40-748 Waters v PC Henderson (Australia) Pty Ltd, (New South Wales Court of Appeal, 6 July 1994, unreported, BC9404952) Cretazzo v Lombardi (1975) 13 SASR 4 Plaza West Pty Ltd v Simon's Earthworks (NSW) Pty Ltd [2008] NSWCA 279
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