Holshandon Pty Ltd as Trustee of the Rankin Family Trust No. 1 v Eakin [2014] NSWSC 1529

Holshandon Pty Ltd as Trustee of the Rankin Family Trust No. 1 v Eakin [2014] NSWSC 1529

Judgment and interest timing should follow UCPR r 20.26; judgment deemed entered on date of acceptance of offer of compromise, payment and interest to follow accordingly. Social Security Act notices do not alter plaintiff's entitlement or timing of interest; onus remains on defendant to ensure statutory compliance. No basis exists to include a nondisclosure term in the court orders.

Parties
First Plaintiff: Holshandon Pty Limited as Trustee for Rankin Family Trust No. 1; Second Plaintiff: David Geoffrey Rankin; Third Plaintiff: Donna Susan Rankin; Fourth Plaintiff: Holly Isabella Rankin; First Defendant: Leslie Andrew Eakin; Second Defendant: Eakins A1 Pools Pty Ltd; Third Defendant: Benjamin Keighley; Fourth Defendant: Insurance Australia Limited t/as NRMA Insurance; Fifth Defendant: Owners Corporation of Strata Plan 76001; Sixth Defendant: QBE Insurance (Australia) Limited; Seventh Defendant: Christopher Corcoran; Eighth Defendant: Stowe Australia Pty Limited; Ninth Defendant: Brandon Rory Koop
Jurisdiction
Australia
Judgment Date
03 November 2014
Procedural Posture
Interlocutory Applications / Judgment on Offer of Compromise and Related Orders
Outcome
Judgment for Third Plaintiff in the sum of $600,000; order for costs; date of judgment backdated; costs offset by any order already made against Third Plaintiff.
Legal Topics
Offer of Compromise, Interest on Judgments, Costs Order, Disclosure of Terms, Social Security Act Notices
Civil Procedure Offer of Compromise Interest on Judgments Costs Order Disclosure of Terms Social Security Act Notices

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Parties

Holshandon Pty Limited as Trustee for Rankin Family Trust No. 1

First Plaintiff

David Geoffrey Rankin

Second Plaintiff

Donna Susan Rankin

Third Plaintiff

Holly Isabella Rankin

Fourth Plaintiff

Leslie Andrew Eakin

First Defendant

Eakins A1 Pools Pty Ltd

Second Defendant

Benjamin Keighley

Third Defendant

Insurance Australia Limited t/as NRMA Insurance

Fourth Defendant

Owners Corporation of Strata Plan 76001

Fifth Defendant

QBE Insurance (Australia) Limited

Sixth Defendant

Christopher Corcoran

Seventh Defendant

Stowe Australia Pty Limited

Eighth Defendant

Brandon Rory Koop

Ninth Defendant

Procedural Posture

Interlocutory Applications / Judgment on Offer of Compromise and Related Orders

Legal Issues

  1. 1 When payment pursuant to judgment on offer of compromise is to be made
  2. 2 When interest runs on judgment under s 101 Civil Procedure Act 2005 (NSW)
  3. 3 Effect of Social Security Act 1991 (Cth) notices on payment of compensation

Ratio Decidendi

Judgment and interest timing should follow UCPR r 20.26; judgment deemed entered on date of acceptance of offer of compromise, payment and interest to follow accordingly. Social Security Act notices do not alter plaintiff's entitlement or timing of interest; onus remains on defendant to ensure statutory compliance. No basis exists to include a nondisclosure term in the court orders.

Court Disposition

Judgment for Third Plaintiff in the sum of $600,000; order for costs; date of judgment backdated; costs offset by any order already made against Third Plaintiff.

Orders

  • Judgment for the Third Plaintiff in the sum of $600,000.
  • Defendants to pay the Third Plaintiff's costs in respect of her claim, as agreed or assessed on the ordinary basis up to 27 August 2014, subject to being offset by any costs order already made against the Third Plaintiff in the proceedings.