Esanda Finance Corporation Limited v Atanasovska (No 2) [2014] NSWDC 289

District Court New South Wales

Medium Neutral Citation: Esanda Finance Corporation Limited v Atanasovska (No 2) [2014] NSWDC 289 Hearing dates: On the papers Decision date: 02 June 2014 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the plaintiff against the defendant in the sum of $196,079.37. (2) The defendant to pay the plaintiff's costs of the proceedings on an ordinary basis, up to and including 9 April 2013, and on an indemnity basis, from 10 April 2013. (3) The cross-claim be dismissed. (4) Grant a stay of the judgment for 28 days or until an application filed by the plaintiff in respect of the stay is heard, whichever occurs first. (5) Leave to the plaintiff to make any application on 2 days' notice to the defendant in respect of that stay. Catchwords: INTEREST AND COSTS – rate of interest – offer of compromise Legislation Cited: Uniform Civil Procedure Rules 2005, r 20.26, r 36.16, r 42.1, r 42.14 Category: Costs Parties: Esanda Finance Corporation Limited (plaintiff/second cross-defendant) Liljana Atanasovska (defendant/cross-claimant) Ragaie Awad (first cross-defendant) Representation: Counsel: Mr A Kaufmann (plaintiff/second cross-defendant)

Solicitors: Gadens Lawyers (plaintiff/second cross-defendant) Simon Diab & Associates (defendant/cross-claimant) File Number(s): 2011/366514

Judgment 1. On 9 May 2014 I found in favour of the plaintiff, Esanda Finance Corporation Limited ("Esanda"), and directed the parties to provide submissions on interest and costs in the event that agreement could not be reached on these two issues. The defendant, Liljana Atanasovska, provided submissions on 16 May 2014 and the plaintiff on 20 May 2014.