Galati v GC NSW Pty Ltd (No 2) [2020] NSWSC 420

Galati v GC NSW Pty Ltd (No 2) [2020] NSWSC 420

It was found that the evidence established, by admissions in correspondence and lack of contrary evidence, that the amount owed for interest was $10,979.41. The defendants are to pay this sum with interest, and are ordered to pay the plaintiffs' costs on the ordinary basis since there were no proper grounds to reduce the costs. No order for indemnity costs is made, as the Calderbank offers included an extraneous indemnity term, making it reasonable for defendants to reject them.

Parties
First Plaintiff: Marcellina Galati; Second Plaintiff: VM Galati Super Fund Pty Ltd, ACN 617 338 548, as Trustee for VM Galati Super Fund; Third Plaintiff: Caterina Galati; Fourth Plaintiff: BMG Riverstone Pty Ltd, ACN 617 339 858, as Trustee for BMG Riverstone Property Trust; Fifth Plaintiff: Francesco Camera; Sixth Plaintiff: Barbara Camera; Seventh Plaintiff: Gregorio Galati; Eighth Plaintiff: Celeste Levingson; First Defendant: GC NSW Pty Ltd; Second Defendant: Greencapital Development Pty Ltd
Jurisdiction
Australia
Judgment Date
20 April 2020
Procedural Posture
Contract/equity Proceedings / Costs and Quantification of Damages, Post Primary Judgment
Outcome
Judgment for first plaintiff against first defendant for damages and interest; costs order for plaintiffs on ordinary basis.
Legal Topics
Classification of Contract Terms, Damages—quantification, Pre Judgment Interest, Offers of Compromise, Calderbank Offers, Party/party Costs
Contracts Equity Costs Classification of Contract Terms Damages—quantification Pre Judgment Interest Offers of Compromise Calderbank Offers +1 more

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Parties

Marcellina Galati

First Plaintiff

VM Galati Super Fund Pty Ltd, ACN 617 338 548, as Trustee for VM Galati Super Fund

Second Plaintiff

Caterina Galati

Third Plaintiff

BMG Riverstone Pty Ltd, ACN 617 339 858, as Trustee for BMG Riverstone Property Trust

Fourth Plaintiff

Francesco Camera

Fifth Plaintiff

Barbara Camera

Sixth Plaintiff

Gregorio Galati

Seventh Plaintiff

Celeste Levingson

Eighth Plaintiff

GC NSW Pty Ltd

First Defendant

Greencapital Development Pty Ltd

Second Defendant

Procedural Posture

Contract/equity Proceedings / Costs and Quantification of Damages, Post Primary Judgment

Legal Issues

  1. 1 Whether evidence supports quantification of interest on home loan as damages
  2. 2 Whether defendants should pay all or part of plaintiffs' costs
  3. 3 Whether indemnity costs should be ordered based on Calderbank offers

Ratio Decidendi

It was found that the evidence established, by admissions in correspondence and lack of contrary evidence, that the amount owed for interest was $10,979.41. The defendants are to pay this sum with interest, and are ordered to pay the plaintiffs' costs on the ordinary basis since there were no proper grounds to reduce the costs. No order for indemnity costs is made, as the Calderbank offers included an extraneous indemnity term, making it reasonable for defendants to reject them.

Court Disposition

Judgment for first plaintiff against first defendant for damages and interest; costs order for plaintiffs on ordinary basis.

Orders

  • Enter judgment and verdict for the first plaintiff against the first defendant for damages of $10,979.41 plus interest pursuant to s 100 of the Civil Procedure Act 2005 (NSW) to the date of judgment of $1,683.70.
  • Order the defendants to pay the plaintiffs' costs of the proceedings on the ordinary basis.