BestCare Foods v Origin Energy [2012] NSWSC 670

Supreme Court New South Wales

Medium Neutral Citation: BestCare Foods v Origin Energy [2012] NSWSC 670 Hearing dates: 15 June 2012 Decision date: 15 June 2012 Jurisdiction: Equity Division - Commercial List Before: McDougall J Decision: Judgment for plaintiff with costs. Catchwords: [DAMAGES] - interest - time from which interest on damages should run - whether interest should run from the date at which the loss is assessed - Practice Note SC Gen 16 - rate of interest allowed - whether court should adopt calculation of interest propounded by the plaintiff. [COSTS] - interest on costs - formula for interest on costs that have been paid - Lahood v Lahood [2006] NSWSC 126 - whether insured plaintiff should gave costs - compensatory principle - subrogation - whether interest should be allowed. Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Ingot Capital Management v Macquarie Equities and Ors [2008] NSWSC 199 Lahood v Lahood [2006] NSWSC 126 Texts Cited: Ritchies' Uniform Civil Procedure looseleaf service Category: Procedural and other rulings Parties: BestCare Foods Limited (Plaintiff) BestCare Foods (Sales) Pty Limited (Second Plaintiff) Origin Energy LPG Limited (formerly Boral Gas (NSW) Pty Limited) (First Defendant) Origin Energy Retail Limited (Second Defendant) Representation: Counsel: M L Williams SC / D S Weinberger / S A Lawrance (Plaintiffs) E G Romaniuk (Defendants) Solicitors: McCabe Terrill Lawyers (Plaintiffs) HWL Ebsworth Lawyers (Defendants) File Number(s): 2005/270917