Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219

Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219

Given the limited overall reduction in damages for the appellant and the mixed results on appeal and cross-appeal, the appropriate exercise of the court's discretion on costs is to make no order as to costs in this Court, rather than apportion costs issue by issue.

Parties
First Appellant: Doppstadt Australia Pty Ltd; Second Appellant: Raymond John Davis; First Respondent: Lovick & Son Developments Pty Ltd; Second Respondent: Lovick Engineering Pty Ltd
Jurisdiction
Australia
Judgment Date
10 July 2014
Procedural Posture
Appeal / Judgment on Interest and Costs Following Principal Appeal Decision
Outcome
Judgment for second plaintiff for agreed prejudgment interest amount; no order as to costs in this Court (subject to previous order regarding notice of motion costs).
Legal Topics
Costs, Interest, Appeal Procedure
Civil Procedure Costs Interest Appeal Procedure

Case Brief

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Parties

Doppstadt Australia Pty Ltd

First Appellant

Raymond John Davis

Second Appellant

Lovick & Son Developments Pty Ltd

First Respondent

Lovick Engineering Pty Ltd

Second Respondent

Procedural Posture

Appeal / Judgment on Interest and Costs Following Principal Appeal Decision

Legal Issues

  1. 1 What is the appropriate order for prejudgment interest?
  2. 2 What is the appropriate order for costs in light of a mixed outcome on appeal?

Ratio Decidendi

Given the limited overall reduction in damages for the appellant and the mixed results on appeal and cross-appeal, the appropriate exercise of the court's discretion on costs is to make no order as to costs in this Court, rather than apportion costs issue by issue.

Court Disposition

Judgment for second plaintiff for agreed prejudgment interest amount; no order as to costs in this Court (subject to previous order regarding notice of motion costs).

Orders

  • In lieu of order 2 by the primary judge on 18 April 2013, judgment be given for the second plaintiff against the defendants for interest from 1 March 2005 to 27 February 2013 in the amount of $155,679.38.
  • Subject to order 7 made on 21 May 2014, there be no order for costs in this Court.