Meriton Apartments Pty Limited v The Owners of Strata Plan No. 72381 (No. 3) [2016] NSWSC 1348

Supreme Court New South Wales

Medium Neutral Citation: Meriton Apartments Pty Limited v The Owners of Strata Plan No. 72381 (No. 3) [2016] NSWSC 1348 Hearing dates: 9 September 2016 Date of orders: 23 September 2016 Decision date: 23 September 2016 Jurisdiction: Equity Before: Slattery J Decision: Interest to be calculated on the basis that Apartments suffered a loss of profits monthly from the July 2012 date of repudiation of the Caretaker Agreement. Defendant/cross-claimant ordered to pay 50 per cent of the plaintiff/cross-defendant's costs of the proceedings. Catchwords: INTEREST – assessment of interest up to judgment – Civil Procedure Act 2005, s 100 – plaintiff successful on claim for loss of profits due to defendant's repudiation of an agreement to provide caretaker services in a high rise city building – amount of loss of profits ascertained – whether interest on the amount of lost profits should be calculated from the end of the unexpired portion of the repudiated agreement or on the basis that a loss of profits was suffered monthly from the date of repudiation.

COSTS – each party has had some success in the proceedings - some failures and some successes in the plaintiff's claim against the defendant/cross-claimant – the defendant/cross-claimant fails on the cross-claim but succeeds on preliminary issues argued on the cross-claim – what is the proper order for costs in the circumstances – proceedings transferred from Local Court to Supreme Court – whether proceedings could have been conducted in the District Court. Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 District Court Act 1973 (NSW), s 134 Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.34. Cases Cited: Ciccarelli v Cavasinni Developments [2004] NSWSC 788 Commonwealth Bank of Australia v Hadfield (2001) 53 NSWLR 614 Hancock v Reinhardt (Costs) [2016] NSWSC 11 Leading Edge Events Australia Pty Ltd v Kiri Te Kanawa (No. 2) [2007] NSWSC 568 Lollis v Loulatzis (No. 2) [2008] VSC 35 Meriton Apartments Pty Limited v The Owners Strata Plan No. 72381 [2015] NSWSC 202 Meriton Apartments Pty Limited v The Owners of Strata Plan No. 72381 (No. 2) [2016] NSWSC 819 Owners of Strata Plan 76888 v Walker Group Constructions Pty Ltd (No. 2) [2016] NSWSC 943 Schindler Lifts Australia Pty Ltd v Debelak (1989) 89 ALR 275 Tate & Lyle Food and Distribution v Greater London Council [1982] 1 WLR 149 Texts Cited: Harvey McGregor, McGregor on Damages, (19th ed 2014, London Sweet & Maxwell) Category: Costs Parties: First Plaintiff: Meriton Apartments Pty Ltd Second Plaintiff: Meriton Properties Pty Ltd (ACN 000 698 626) Defendant: The Owners of Strata Plan No. 72381 Representation: Counsel: Plaintiffs: M.G. Rudge SC; M.R. Hall SC Defendant: G.A. Sirtes SC; J.P. Knackstredt