Burns v Grevler (No. 2) [2010] NSWSC 1232

New South Wales Supreme Court

CITATION : Burns v Grevler (No. 2) [2010] NSWSC 1232

HEARING DATE(S) : 22 October 2010

JUDGMENT DATE : 22 October 2010

JURISDICTION : Equity Division

JUDGMENT OF : Rein J

1. Defendant to pay interest to the plaintiff on the principal sum in the amount of $1,069,328.37, which amount is calculated as follows: (a) interest on the sum of $15,000 from 8 June 2004 to 22 October 2010 at the prescribed court rate in the amount of $8,910.00; (b) interest on the reducing capital balance of $3,500,000 calculated from 6 February 2007 to 22 October 2010 at the prescribed court rate in the amount of $1,060,418.37. DECISION : 2. Defendant to pay the plaintiff's costs of the proceedings: (a) from the date of commencement of proceedings up to and including 22 April 2010 on an ordinary basis; (b) from 23 April 2010 to 22 October 2010 on an indemnity basis. 3. Exhibits to be returned in 28 days in the absence of an appeal

CATCHWORDS : PROCEDURE - costs - where offer of compromise made by plaintiff - where plaintiff obtained judgment more favourable than amount offered - whether defendant liable to pay plaintiff's costs on an indemnity basis

LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW)

CATEGORY : Consequential orders

CASES CITED : NSW Insurance Ministerial Corporation v Reeves (1993) 42 NSWLR 100

PARTIES : Sarah Margaret Burns (plaintff) Alan Michael Grevler (defendant)

FILE NUMBER(S) : SC 2009/288038

COUNSEL : M R Aldridge SC (plaintiff) A P P Lo Surdo (defendant)

SOLICITORS : Polczyncki Lawyers (plaintiff) Kennedys (defendant)