Paramount Lawyers Pty Ltd v Maneschi (No 2) [2012] NSWSC 1303

Supreme Court New South Wales

Medium Neutral Citation: Paramount Lawyers Pty Ltd v Maneschi (No 2) [2012] NSWSC 1303 Hearing dates: By written submissions Decision date: 26 October 2012 Jurisdiction: Common Law Before: Rothman J Decision: (1) The judgment of the Court in this matter of 3 August 2012 is varied by deleting Order 3(b) thereof and inserting in lieu thereof the following order: "(b)The plaintiff herein, Paramount Lawyers Pty Limited, pay interest on the aforesaid judgment from 21 September 2010 until 3 August 2012 in accordance with s 100 of the Civil Procedure Act 2005 at 2% above the Reserve Bank of Australia cash target rate operating for the relevant period;" (2) The plaintiff herein shall pay the costs of the defendant of these proceedings and of the proceedings in the Local Court on a party/party basis. Catchwords: COSTS AND INTEREST - amendment of orders - determination of rate of interest prior to judgment at rate set by contract breached - costs on an overall basis - judgment less favourable to offeror than Offer of Compromise - no indemnity costs - principles on amendment of orders where subject matter reserved to parties Legislation Cited: Civil Procedure Act 2005 Legal Profession Act Legal Profession Regulation 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Autodesk Inc v Dyason (No. 2) [1993] HCA 6; (1993) 176 CLR 300 Bailey v Marinoff [1971] HCA 49; (1971) 125 CLR 529 CH Giles & Co v Morris (1972) 1 All ER 1960 Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 DJL v Central Authority [2000] HCA 17; (2000) 201 CLR 226 Elliott & Blessington v R [2007] HCA 51; (2007) 234 CLR 38 Pantorno v R [1989] HCA 18; (1989) 166 CLR 466 Postiglione v R [1997] HCA 26; (1997) 189 CLR 295 Category: Consequential orders Parties: Paramount Lawyers Pty Limited (Plaintiff) Roberto Maneschi (Defendant) Representation: Counsel: A C Harding (Plaintiff) Self represented (Defendant) Solicitors: Pikes & Verekers Lawyers (Plaintiff) Self represented (Defendant) File Number(s): 2011/209613