Volonakis v Erceg (No 2) [2020] NSWSC 371

Supreme Court New South Wales

Medium Neutral Citation: Volonakis v Erceg (No 2) [2020] NSWSC 371 Hearing dates: 12 March 2020 Date of orders: 07 April 2020 Decision date: 07 April 2020 Jurisdiction: Equity Before: Hallen J Decision: Orders that, within seven working days of publishing these reasons, the parties should forward to my Associate, in hard and soft copy, short minutes of order, to give effect to these reasons for judgment

When provided with short minutes of order signed by the legal representative of each of the parties, the orders will be made in Chambers and the parties informed that the orders have been made Catchwords: CIVIL PROCEDURE – Debt recovery – Quantum of debt determined

JUDGMENTS AND ORDERS – Interest – Pre-judgment interest – Rate applicable Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Uniform Civil Procedure Rules 2005 (NSW), r 42.34 Cases Cited: Batchelor v Burke (1981) 148 CLR 448; [1981] HCA 30 Clarke v Foodland Stores Pty Ltd [1993] 2 VR 382 Dare v Pulham (1982) 148 CLR 658; [1982] HCA 70 Grincelis v House (2000) 201 CLR 321; [2000] HCA 42 Kalls Enterprises Pty Ltd (in liq) v Baloglow (No 3) [2007] NSWCA 298 Maestrale v Aspite (No 2) [2014] NSWCA 302 MBP (SA) Pty Ltd v Gogic (1991) 171 CLR 657; [1991] HCA 3; Northern Territory v Griffiths [2019] HCA 7; (2019) 93 ALJR 327 Sayour v Elliott (No 2) [2018] NSWSC 146 Volonakis & Ors v Erceg & Anor [2019] NSWSC 1875 Category: Consequential orders (other than Costs) Parties: Patricia Volonakis (First Plaintiff) MPPA Pty Ltd formerly trading as GTS Logistics Pty Ltd (Second Plaintiff) Michael Volonakis (Third Plaintiff) Ivancica Erceg (First Defendant) Walter Erceg (Second Defendant) Representation: Counsel: Mr S Lawrance (Plaintiffs) Mr J Ireland QC (solicitor) (First Defendant) Mr M Southwick (Second Defendant)