NSW Caselaw
New South Wales Supreme Court
CITATION : Maio v Sacco (No. 2) [2009] NSWSC 742
HEARING DATE(S) : 12 June 2009
JUDGMENT DATE : 31 July 2009
JURISDICTION : Equity
JUDGMENT OF : White J
DECISION : Refer to para 28 of judgment.
CATCHWORDS : PROCEDURE – interest – inherent jurisdiction to award interest on claim for equitable contribution – interest as compensation for loss of value of money - costs – determination of the "event" – factors relevant to costs discretion
LEGISLATION CITED : Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW)
Maio v Sacco [2009] NSWSC 413 State Bank of New South Wales Ltd v Federal Commissioner of Taxation (1995) 62 FCR 371 Official Trustee in Bankruptcy v Ritchie (No. 2) (Supreme Court of New South Wales, 25 November 1988, unreported; BC8801284) CASES CITED : Kalls Enterprises Pty Ltd (in liquidation) & Ors v Baloglow & Anor (No. 3) [2007] NSWCA 298 Estate of Dugac v Official Trustee in Bankruptcy (Federal Court of Australia, 6 February 1987, unreported; BC8701848) Degmam Pty Ltd (in liq) v Wright (No. 2) [1983] 2 NSWLR 354 Lahoud v Lahoud [2006] NSWSC 126
John Maio PARTIES : v Antonio Sacco (No. 2)
FILE NUMBER(S) : SC 4995/04
COUNSEL : Plaintiff: G Foster Defendant: P Barham
SOLICITORS : Plaintiff: Phillip A Wilkins & Associates Defendant: Wood Marshall Williams Lawyers
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
WHITE J
Friday, 31 July 2009
4995/04 John Maio v Antonio Sacco (No. 2) JUDGMENT 1 HIS HONOUR: In my reasons for judgment of 21 May 2009 (Maio v Sacco [2009] NSWSC 413) I decided that on the sale of the rear lot the plaintiff is entitled to contribution from the defendant of $13,737 plus any interest which might be awarded. I stood the matter over to hear argument on questions of interest and costs. The following additional facts are relevant to those questions. 2 On 18 June 1996, the solicitors for the defendant wrote to the solicitors for the plaintiff offering that: " As a fair and reasonable compromise our client will accept responsibility for one half of the amount assessed by RGL Building Services. This offer will be open for seven (7) days from the date of this letter. If it is not accepted within that time we will advise our client that he should oppose any claim for contribution to the building costs incurred without his approval. "
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