Krajovska v Krajovska & Ors [2011] NSWSC 1026

Krajovska v Krajovska & Ors [2011] NSWSC 1026

Interest was awarded from the date the cause of action arose on the breakdown of the family relationship because that was the relevant date on which the Plaintiff was deprived of the pooled family assets, and the Defendants led no evidence that the delay in receiving notice of the claim caused prejudice or injustice. Costs were ordered against the First, Second and Third Defendants on an ordinary basis jointly and severally because the Plaintiff succeeded, the evidence was substantially relevant to the successful cause of action, and those Defendants presented a common defence through common legal representatives.

Jurisdiction
Australia
Judgment Date
05 September 2011
Procedural Posture
Equity Proceedings for Equitable Compensation / Judgment on Interest and Costs Following Judgment Delivered on 18 August 2011
Outcome
Judgment for the Plaintiff against each Defendant for equitable compensation, with interest to 5 September 2011; the First, Second and Third Defendants ordered to pay the Plaintiff's costs jointly and severally.
Legal Topics
['equitable Compensation' 'pre Judgment Interest' 'delay in Giving Notice of Claim' 'costs Follow the Event' 'joint and Several Costs Liability']
['equity' 'civil Procedure' 'costs'] ['equitable Compensation' 'pre Judgment Interest' 'delay in Giving Notice of Claim' 'costs Follow the Event' 'joint and Several Costs Liability']

Case Brief

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Procedural Posture

Equity Proceedings for Equitable Compensation / Judgment on Interest and Costs Following Judgment Delivered on 18 August 2011

Legal Issues

  1. 1 ["Whether interest on equitable compensation should run from 3 November 2006, when the family relationship broke down, or from 9 August 2010, when the Plaintiff's solicitor sent a letter of demand." 'Whether delay in notifying the Defendants of the claim caused injustice sufficient to reduce the period for which interest should be awarded.' "Whether the Plaintiff's costs should follow the event and be payable by the First, Second and Third Defendants jointly and severally."]

Ratio Decidendi

Interest was awarded from the date the cause of action arose on the breakdown of the family relationship because that was the relevant date on which the Plaintiff was deprived of the pooled family assets, and the Defendants led no evidence that the delay in receiving notice of the claim caused prejudice or injustice. Costs were ordered against the First, Second and Third Defendants on an ordinary basis jointly and severally because the Plaintiff succeeded, the evidence was substantially relevant to the successful cause of action, and those Defendants presented a common defence through common legal representatives.

Court Disposition

Judgment for the Plaintiff against each Defendant for equitable compensation, with interest to 5 September 2011; the First, Second and Third Defendants ordered to pay the Plaintiff's costs jointly and severally.

Orders

  • ['Judgment for the Plaintiff against the First Defendant for equitable compensation in the sum of $138,689.10 including interest to 5 September 2011 of $42,689.09.' 'Judgment for the Plaintiff against the Second Defendant for equitable compensation in the sum of $73,678.59 including interest to 5 September 2011 of...