Wang v Garland Lot 3 Pty Ltd (No 2) [2013] NSWSC 1825

Supreme Court New South Wales

Medium Neutral Citation: Wang v Garland Lot 3 Pty Ltd (No 2) [2013] NSWSC 1825 Hearing dates: 24 October 2013 Decision date: 13 December 2013 Jurisdiction: Equity Division Before: Robb J Decision: (1)Judgment for the plaintiff against the first defendant for damages of $113,000 plus interest to 3 May 2013 of $20,043, giving a total of $133,043. (2)Dismiss the plaintiff's claims against the second and third defendants. (3)Order the first defendant to pay the plaintiff's costs up to 14 September 2012 on the ordinary basis. (4)Order the plaintiff to pay the first defendant's costs from the beginning of 27 June 2013 to the date of this judgment on an indemnity basis. (5)Order the plaintiff to pay the costs of the second and third defendants up to 26 June 2013 on the ordinary basis, and from the beginning of 27 June 2013 to the date of this judgment on an indemnity basis, such costs being limited to costs incurred in the preparation and conduct of the defence of the second and third defendants which were not also required to be incurred in relation to the defence of the first defendant. (6)Order that entry of the judgment in par (1) be stayed pending the determination by agreement or assessment of the costs payable under the orders in pars (3), (4) and (5). (7)Order that the stay of entry of judgment in par (6) be on the condition that the plaintiff is entitled to post-judgment interest between the date of the principal judgment and the payment to her of the amount the subject of the judgment in par (1) or any portion of that amount which may be found to be payable to her following the set off ordered in par (8). (8)Order that the plaintiff and the defendants are entitled to set off all amounts which each of them may be ordered to pay to any other of them for costs against all amounts which those others are ordered to pay to them. (9)Order that following the determination of the costs payable under the orders in pars (3), (4), and (5), and the effect of the set offs permitted by the order in par (8) are determined, the net amount payable by each party to any other party shall be determined. (10)Order that each party who is liable to pay to any other party any sum determined in accordance with the order in par (9) pay that sum to that party. (11)Liberty to each of the parties to apply to the court on 7 days' notice in relation to the implementation of these orders, including without limitation in relation to the plaintiff if the plaintiff wishes to claim that she should be relieved of the stay of the entry of judgment by the order in par (6) by reason of any unreasonable delay in the determination of the costs payable and the effect of the set offs provided for in these orders. Catchwords: COSTS ORDER - entitlement of plaintiff to interest on judgment sums - rate of interest and period over which plaintiff is entitled to interest - whether continuation in the Supreme Court of claim was warranted - costs consequences of offers of compromise. Legislation Cited: Civil Procedure Act 2005 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Calderbank v Calderbank [1975] 3 WLR 586 Gray v Motor Accident Commission (1998) 196 CLR 1 Ji v Firth t/as Firths the Compensation Lawyers [2013] NSWSC 186 Lahoud v Lahoud [2012] NSWSC 284 Old v McInnes [2011] NSWCA 410 Category: Costs Parties: Linfeng Wang (Plaintiff) Garland Lot 3 Pty Ltd as trustee for the Garland Lot 3 Unit Trust (First Defendant) Phillip John Bartlett (Second Defendant) Janet Elizabeth Pennington (Third Defendant) Representation: Counsel: A Sullivan (Plaintiff) A Munro (Defendants) Solicitors: Edrison Lawyers (Plaintiff) McCullough Robertson Lawyers (Defendants) File Number(s): 12/143155