Rothnere Pty Limited v Magic Markets Pty Limited [2015] NSWSC 1785

Supreme Court New South Wales

Medium Neutral Citation: Rothnere Pty Limited v Magic Markets Pty Limited [2015] NSWSC 1785 Hearing dates: 24 November 2015 Date of orders: 24 November 2015 Decision date: 24 November 2015 Jurisdiction: Common Law Before: Harrison AsJ Decision: JUDGMENT

(1) The defendants jointly and severally are to pay the plaintiff the sum of $837,856.06 such sum being comprised of the principal amount of $802,910 and interest in the amount of $34,946.06.

THE COURT ORDERS THAT:

(2) The cross claim filed 22 February 2014 is dismissed.

(3) The defendants are to pay the plaintiff's costs on an ordinary basis up to and including 5 February 2015 and on an indemnity basis from 5 February 2015.

(4) The defendants are to pay the plaintiff interest on costs pursuant to s 101(4) of the Civil Procedure Act 2005 (NSW). Catchwords: DEBT RECOVERY – lessor seeks recovery from lessee for amounts payable under registered lease in respect of retail premises – defendants absent at hearing – procedure under rule 29.7 Uniform Civil Procedure Rules 2005 (NSW) – COSTS – offer of compromise made Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Principal judgment Parties: Rothnere Pty Limited (Plaintiff/Cross Defendant) Magic Markets Pty Limited (First Defendant/First Cross Claimant) Liang Tsu Tsai (Second Defendant/Second Cross Claimant) Representation: Counsel: L Livingston (Plaintiff)