Davis v Viglianti (No 2) [2018] NSWDC 413

Davis v Viglianti (No 2) [2018] NSWDC 413

Plaintiff entitled to interest on damages awarded; insufficient and inconsistent documentation prevented award of gross sum or indemnity costs; costs ordered on ordinary basis; the freezing order continued but not further varied.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 December 2018
Procedural Posture
Civil / Post Judgment Application for Interest and Costs
Outcome
Judgment for the plaintiff varied to include interest; plaintiff's application for indemnity and gross sum costs refused; defendant to pay plaintiff's costs on ordered basis.
Legal Topics
['interest on Damages' 'gross Sum Costs Order' 'indemnity Costs' 'asset Freezing Order']
['costs'] ['interest on Damages' 'gross Sum Costs Order' 'indemnity Costs' 'asset Freezing Order']

Source-derived case record

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Procedural Posture

Civil / Post Judgment Application for Interest and Costs

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to interest on damages' 'Whether a gross sum costs order should be made under s 98(4) Civil Procedure Act 2005 (NSW)' 'Whether indemnity costs should be awarded' 'Variation of asset freezing order']

Ratio Decidendi

Plaintiff entitled to interest on damages awarded; insufficient and inconsistent documentation prevented award of gross sum or indemnity costs; costs ordered on ordinary basis; the freezing order continued but not further varied.

Court Disposition

Judgment for the plaintiff varied to include interest; plaintiff's application for indemnity and gross sum costs refused; defendant to pay plaintiff's costs on ordered basis.

Orders

  • ['Judgment for the plaintiff varied to include interest, making a total of $501,989.00.' "Plaintiff's application for indemnity and gross sum costs refused; defendant pay plaintiff's costs on the ordered basis."]