Claudio Grizonic v Suzanne Ranken Suttor & ors; Dawn Wade v Suzanne Ranken Suttor (No 2) [2011] NSWSC 812

Supreme Court New South Wales

Medium Neutral Citation: Claudio Grizonic v Suzanne Ranken Suttor & ors; Dawn Wade v Suzanne Ranken Suttor (No 2) [2011] NSWSC 812 Hearing dates: 17/06/2011 Decision date: 20 June 2011 Jurisdiction: Equity Division Before: Brereton J Decision: Order that the funds in court to the credit of the proceedings and all accrued interest thereon be paid out to the 66G trustees. Declare that the 66G trustees are entitled to the sum of $3,057.88 standing to the credit of Claudio Grizonic in the Yates Beaggi Lawyers trust account and all accrued interest thereon. Judgment that Ms Suttor pay Ms Wade $119,734. Order that Ms Suttor and Ms Wade pay the 66G trustees' costs. Order that Ms Suttor pay Ms Wade's costs. Notice of Motion to vary order of Davies AJ dismissed. Catchwords: PRACTICE AND PROCEDURE - Interest on debts assigned at law - where no evidence debts incurred interest - such debts to bear interest at Court rates from demand date - where debt assigned bears contractual interest - entitlement to interest does not depend on demand - purpose of interest to compensate creditor - assignee entitled to interest at contractual rate. COSTS - Plaintiff succeeds on most but not all of claim - ordinary rule that costs follow event - whether plaintiff disentitled to costs as result within jurisdiction of District and Local Courts - commonality of proceedings justifies commencement in Supreme Court. COSTS - Where costs order made against employed legal practitioner - application to vary such order to indemnity basis and also against principal solicitor - absence of personal responsibility for matter on part of principal solicitor - employee solicitor an experienced solicitor - principal not to be made responsible for acts of employee solicitor in those circumstances. Legislation Cited: (NSW) Civil Procedure Act 2005, s 99, s 101 (NSW) Uniform Civil Procedure Rules 2005, r 36.7, r 42.34 Cases Cited: Claudio Grizonic v Suzanne Ranken Suttor & ors; Dawn Wade v Suzanne Ranken Suttor [2011] NSWSC 471 Kelly v Jowett (2009) 76 NSWLR 405 Knaggs v J A Westway & Sons Pty Ltd (1996) 40 NSWLR 476 Myers v Elman [1940] AC 282 Re Bannister & Legal Practitioners Ordinance 1970-1975; Ex parte Hartstein (1975) 5 ACTR 100 Category: Consequential orders Parties: 2003/87265 Claudio Grizonic (plaintiff) Suzanne Ranken Suttor (first defendant) Find a Flat Pty Ltd (second defendant) Dawn Wade (third defendant/applicant) Geoffrey McDonald (fourth defendant) Paul LeRoy (fifth defendant) Robert Silberberg (first respondent) Mark Gallego (second respondent)