Campbell v Tran (No 2) [2024] NSWSC 339

Campbell v Tran (No 2) [2024] NSWSC 339

Judgment was entered for the plaintiffs against Ms Tran for $1,169,948.47 because the nine claimed sums were supported by the principal judgment and were not shown to be inappropriate. Pre-judgment interest of $176,516.85 was allowed under s 100 of the Civil Procedure Act 2005 (NSW) because it was calculated by reference to the Practice Note rates and was not opposed. Indemnity costs were refused because the plaintiffs' Calderbank offer was not shown to have been unreasonably rejected and Ms Tran's conduct or defence did not warrant indemnity costs; however, a specified gross sum costs order was appropriate because Ms Tran had clearly foreshadowed bankruptcy, which could stymie or prolong...

Jurisdiction
Australia
Judgment Date
25 March 2024
Procedural Posture
Equity Proceedings Concerning Orders Following Findings on Monetary Claims, Pre Judgment Interest and Costs / Post Principal Judgment Determination of Final Orders and Costs
Outcome
Judgment entered for the First and Second Plaintiffs against the First Defendant, with pre-judgment interest and a specified gross sum costs order; indemnity costs refused; payment-in orders not made.
Legal Topics
['judgment Sum' 'pre Judgment Interest' 'calderbank Offer' 'indemnity Costs' 'specified Gross Sum Costs Order' 'payment Into Court' 'mortgagee Sale Proceeds']
['civil Procedure' 'costs' 'equity'] ['judgment Sum' 'pre Judgment Interest' 'calderbank Offer' 'indemnity Costs' 'specified Gross Sum Costs Order' 'payment Into Court' 'mortgagee Sale Proceeds']

Case Brief

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Procedural Posture

Equity Proceedings Concerning Orders Following Findings on Monetary Claims, Pre Judgment Interest and Costs / Post Principal Judgment Determination of Final Orders and Costs

Legal Issues

  1. 1 ['What is the appropriate judgment sum to be entered against Ms Tran?' 'Should an amount of interest be entered pursuant to s 100 of the Civil Procedure Act 2005 (NSW) and, if so, what amount?' 'What order should be made in respect of the costs of the proceedings, including whether costs should be assessed on an indemnity basis or the ordinary basis and whether a gross sum costs order should be made?' 'Should orders be made for payment into Court of the proceeds of sale for the Labrador and Oran Park properties?']

Ratio Decidendi

Judgment was entered for the plaintiffs against Ms Tran for $1,169,948.47 because the nine claimed sums were supported by the principal judgment and were not shown to be inappropriate. Pre-judgment interest of $176,516.85 was allowed under s 100 of the Civil Procedure Act 2005 (NSW) because it was calculated by reference to the Practice Note rates and was not opposed. Indemnity costs were refused because the plaintiffs' Calderbank offer was not shown to have been unreasonably rejected and Ms Tran's conduct or defence did not warrant indemnity costs; however, a specified gross sum costs order was appropriate because Ms Tran had clearly foreshadowed bankruptcy, which could stymie or prolong...

Court Disposition

Judgment entered for the First and Second Plaintiffs against the First Defendant, with pre-judgment interest and a specified gross sum costs order; indemnity costs refused; payment-in orders not made.

Orders

  • ['Orders that the First Defendant pay the First and Second Plaintiffs $1,169,948.47.' 'Orders interest in the amount of $176,516.85 pursuant to s 100 of the Civil Procedure Act 2005 (NSW).' 'Notes the effect of orders 1 and 2 is that judgment will be entered for the sum of the amounts in orders 1 and 2 namely...