Sayde Developments Pty Limited v Arab Bank Australia Limited (No. 2) [2016] NSWDC 77

District Court New South Wales

Medium Neutral Citation: Sayde Developments Pty Limited v Arab Bank Australia Limited (No. 2) [2016] NSWDC 77 Hearing dates: On the papers Decision date: 13 May 2016 Jurisdiction: Civil Before: Mahony SC DCJ Decision: For orders see [20] Catchwords: Determination of pre-judgment interest, costs and stay of proceedings Legislation Cited: Civil Procedure Act 2005 Cases Cited: Hexiva Pty Ltd v Lederer (No 2) Maestrale v Aspite [2014] NSWCA 182 Category: Costs Parties: Sayde Developments Pty Limited (Plaintiff) Arab Bank Australia Limited (Defendant) Representation: Counsel: D R Pritchard SC with A J MacCauley (Plaintiff) T D Castle with J White (Defendant)

Solicitors: Somerville Legal Gadens File Number(s): 14/195237 Publication restriction: Nil

Judgment ON COSTS 1. On 14 April 2016, I delivered my judgment in the above matter, setting out my reasons for finding that there would be a verdict and judgment for the plaintiff against the defendant in the sum of $248,940.00, plus interest to be calculated in accordance with the judgment. I deferred entering final judgment, subject to the parties bringing in a Consent Order as to interest. 2. In the absence of any agreement, I made directions for the parties to file and serve written submissions in respect of the following: 1. Pre-judgment interest. 2. The costs of the defendant's Notice of Motion filed on 3 February 2016, and heard by Judge Letherbarrow on 25 February 2016, together with costs thrown away, if any, by the plaintiff's non-reliance on certain parts of Mr Fairley's affidavit evidence. 3. The defendant's application for a stay on the judgment for 28 days. I deal with each of those matters seriatim.