Luben Petkovski v Kai Yin Huang (No. 4) [2020] NSWSC 1182

Luben Petkovski v Kai Yin Huang (No. 4) [2020] NSWSC 1182

The cross-claimants were entitled to pre-judgment interest on the loss-of-opportunity compensation, as capital gain awards do not compensate for the loss of property income and benefits over time; an order for interest from 11 March 2011 strikes a just balance. In costs, given the Huangs' substantial success and the nature of the parties' respective claims, 95% of Huangs' costs are payable by Mr Petkovski, with 5% payable by the Huangs to the other (minor) Petkovski parties, each order assessed on an ordinary basis.

Jurisdiction
Australia
Judgment Date
01 September 2020
Procedural Posture
Equity Proceedings With Claim and Cross Claim / Post Judgment Orders on Interest and Costs
Outcome
Orders for interest and costs made as specified; interest to Huangs from 11 March 2011; costs—95% to Huangs from Mr Petkovski, 5% to other Petkovski parties from Huangs; liberty to apply.
Legal Topics
['interest (pre Judgment and Post Judgment)' 'costs' 'bankruptcy and Effect on Proceedings' 'compensation for Loss of Opportunity' 'trespass' 'nuisance' 'unconscionable Conduct' 'misleading and Deceptive Conduct' 'consumer Law' 'assessment of Damages']
['equity' 'bankruptcy' 'property Law' 'civil Procedure'] ['interest (pre Judgment and Post Judgment)' 'costs' 'bankruptcy and Effect on Proceedings' 'compensation for Loss of Opportunity' 'trespass' 'nuisance' 'unconscionable Conduct' 'misleading and Deceptive Conduct' 'consumer Law' 'assessment of Damages']

Case Brief

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Procedural Posture

Equity Proceedings With Claim and Cross Claim / Post Judgment Orders on Interest and Costs

Legal Issues

  1. 1 ['Whether cross-claimants (Huangs) are entitled to pre-judgment interest on damages assessed as at date of hearing including capital gains' 'What, if any, costs orders should be made given mixed success of the parties' 'Effect of Petkovski bankruptcy on ability to grant judgment for interest and costs']

Ratio Decidendi

The cross-claimants were entitled to pre-judgment interest on the loss-of-opportunity compensation, as capital gain awards do not compensate for the loss of property income and benefits over time; an order for interest from 11 March 2011 strikes a just balance. In costs, given the Huangs' substantial success and the nature of the parties' respective claims, 95% of Huangs' costs are payable by Mr Petkovski, with 5% payable by the Huangs to the other (minor) Petkovski parties, each order assessed on an ordinary basis.

Court Disposition

Orders for interest and costs made as specified; interest to Huangs from 11 March 2011; costs—95% to Huangs from Mr Petkovski, 5% to other Petkovski parties from Huangs; liberty to apply.

Orders

  • ['First cross-defendant to pay interest at prescribed rate under Civil Procedure Act, s 100 to cross-claimant on $564,480.46 from 11 March 2011 up to 14 November 2019.' 'First cross-defendant to pay interest to cross-claimant on $564,480.46 from 14 November 2019 to the date of these orders.' 'Parties to confer and...