PLAZA WEST PTY LIMITED v SIMON’S EARTHWORKS (NSW) PTY LIMITED (NO 2) [2010] NSWSC 1496

New South Wales Supreme Court

CITATION : PLAZA WEST PTY LIMITED v SIMON'S EARTHWORKS (NSW) PTY LIMITED (NO 2) [2010] NSWSC 1496

HEARING DATE(S) : 16 December 2010

JUDGMENT DATE : 16 December 2010

JUDGMENT OF : Tamberlin AJ at 1

EX TEMPORE JUDGMENT DATE : 16 December 2010

1. Judgment in favour of the plaintiff against the first defendant and the second defendant in the sum of $2,460,058.00 exclusive of GST. 2. Judgment in favour of the cross-claimant against the cross- defendant for the sum of $1,200.00 exclusive of GST. The cross-claim is otherwise dismissed. 3. Judgment be entered forthwith in favour of the plaintiff against the first defendant and the second defendant in the sum of $2,458,858.00 exclusive of GST together with interest pursuant to section 100 of the Civil Procedure Act 2005 of $784,263.76 to 9 December 2010 and interest thereafter at the prescribed rate applicable from time to time pursuant to section 101 of the Civil Procedure Act on any of the principal of $2,458,858 that is not paid within 28 days of the date of this judgment. 4. Subject to the costs orders made in interlocutory hearings, the first defendant and the second defendant to pay the plaintiff's costs of the proceedings on the plaintiff's claim as agreed or assessed on a party-party basis. DECISION : 5. The first defendant and the second defendant are jointly and severally liable for the payment to the plaintiff of the amounts (including interest and costs) payable to the plaintiff pursuant to this Judgment in respect of the plaintiff's claim. 6. The cross-claimant is liable to pay the first and second-cross defendants' costs of the cross-claim as agreed or as assessed on a party-party basis. 7. The sum of $150,000 plus accrued interest which has been paid into the Court by the cross-claimant as security for costs in respect of its cross-claim be released to the first cross- defendant forthwith. 8. The freezing orders which were made against the first defendant and the second defendant on 19 October 2009 and extended by the Court on 30 November 2009 and on 16 April 2010 until further order for the sum of $2,460,683 be extended until further order or until such time as this Judgment has been satisfied. 9. Grant liberty to apply on two days' notice.