Grima v RFI (Aust) Pty Ltd [2015] NSWSC 332

Supreme Court New South Wales

Medium Neutral Citation: Grima v RFI (Aust) Pty Ltd [2015] NSWSC 332 Hearing dates: 23 March 2015 Date of orders: 02 April 2015 Decision date: 02 April 2015 Jurisdiction: Common Law Before: Garling J Decision: (1)Pursuant to s 101 of the Civil Procedure Act 2005, order that the defendant pay the plaintiff interest in the sum of $254,623. (2)Order the defendant to pay the plaintiff's costs of the application for interest on a party/party basis. (3)If the plaintiff wishes to apply for an order for costs on any other basis, then such application, together with all evidence in support and submissions in support, ought be filed within 7 days of delivery of this judgment. (4)In the event that the plaintiff does make such application, the defendant is to file and serve all evidence upon which it wishes to rely to resist such an order, together with all submissions in support of its resistance to such order, within 7 days after the receipt of the plaintiff's application and evidence in support. (5)Unless the Court otherwise orders, the plaintiff's application will be dealt with on the papers. Catchwords: INTEREST – post-judgment interest – s 101 Civil Procedure Act 2005 – judgment for plaintiff – plaintiff rejected tender of payment from defendant of the judgment sum awarded– judgment sum increased by Court of Appeal – whether interest should be paid for period between rejected tender of payment and date monies paid to plaintiff - whether accord and satisfaction – whether interest should be awarded at prescribed or a lesser rate Legislation Cited: Civil Procedure Act 2005 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Workers Compensation Act 1987 Cases Cited: Abdulle v QBE Insurance (Australia) Ltd [2010] NSWCA 60 Grima v RFI (Aust) Pty Ltd [2014] NSWSC 14 Haines v Bendall [1991] HCA 15; (1991) 172 CLR 60 Hungerfords v Walker [1989] HCA 8; (1989) 171 CLR 125 Maestrale v Aspite (No.2) [2014] NSWCA 302 at [15]. McDermott v Black [1940] HCA 4; (1940) 63 CLR 161 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (No.2) [2014] NSWCA 425 Pheeney v Doolan (No 2) (1977) 1 NSWLR 601 Tallerman & Co Pty Ltd v Nathan's Merchandise (Victoria) Pty Ltd [1957] HCA 10; (1957) 98 CLR 93 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Carmel Grima (P) RFI (Australia) Pty Ltd (D) Representation: Counsel: E G Romaniuk SC / S Maybury (P) B Hedges (D)