Curnow Consulting Pty Limited v JPD Media and Design Pty Ltd t/a Durie Design (No. 3) [2018] NSWSC 827

Supreme Court New South Wales

Medium Neutral Citation: Curnow Consulting Pty Limited v JPD Media and Design Pty Ltd t/a Durie Design (No. 3) [2018] NSWSC 827 Hearing dates: 8 March & 17 April 2018 Date of orders: 06 June 2018 Decision date: 06 June 2018 Jurisdiction: Equity Before: Slattery J Decision: Plaintiff awarded interest from October 2013 up to judgment under Civil Procedure Act 2005, s 100. Plaintiff awarded costs of the proceedings except for the hearing on 12 December 2017. Catchwords: INTEREST – interest up to judgment – Civil Procedure Act 2005, s 100 – whether interest up to judgment should run on any amount outstanding during the period from November 2013 to February 2015 when the proceedings were stayed as a result of non-payment by the plaintiff of a costs order in the first defendant's favour – principles governing the award of interest up to judgment.

COSTS – whether an order for costs should be made in favour of the second defendant – what order for costs should be made overall between the plaintiff and the first defendant – should the first defendant be ordered to pay the plaintiff's costs on the party/party basis – should any order for costs be discounted on account of parts of the plaintiff's claim covered by a Calderbank offer, and on account of parts of the plaintiff's claim upon which it lost and which are severable from issues upon which the plaintiff was successful. Legislation Cited: Civil Procedure Act 2005, s 100 Corporations Act 2001 (Cth), s 440D Cases Cited: Bennett v Jones [1977] 2 NSWLR 355 Clark v Foodland Stores Pty Ltd [1993] VR 382 Commonwealth of Australia v Gretton [2008] NSWCA 117 Curnow Consulting Pty Limited v JPD Media and Design Pty Ltd t/a Durie Design [2017] NSWSC 1171 Curnow Consulting Pty Limited v JPD Media and Design Pty Ltd t/a Durie Design (No. 2) [2018] NSWSC 28 Griffith v Australian Broadcasting Corporation (No. 2) [2011] NSWCA 145 Grincelis v House (2000) 201 CLR 321 ICT Pty Ltd v Sea Containers Limited [2006] NSWSC 1280 In the matter of Tolco Pty Limited [2016] NSWSC 1069 Kalls Enterprises Pty Limited (in liquidation) v Baloglow (No. 3) [2007] NSWCA 298 Lovick & Son Developments Pty Ltd v Doppstadt Australia Pty Ltd (No. 3) [2013] NSWSC 135 M F Ltd v Compliance and Risk Services Pty Ltd (2013) VSC 213 MBP (SA) Pty Limited v Gogic (1991) 171 CLR 657 Category: Costs Parties: Plaintiff: Curnow Consulting Pty Limited ABN 76086618779 First Defendant: JPD Media & Design Pty Limited trading as Durie Design Second Defendant: Jamie Paul Durie Representation: Counsel: Plaintiff: L.S. Einstein, Mr L. Gor First and Second Defendants: B. McClintock SC, D. Neggo