Nazzal v 1Quay Corp Pty Ltd & Anor [2022] NSWSC 848

Nazzal v 1Quay Corp Pty Ltd & Anor [2022] NSWSC 848

Where a contract provides an entitlement to indemnity costs, the court will usually exercise its discretion to make an order for indemnity costs in accordance with that entitlement. Interest is payable at the contractual rate as agreed in the Deed and Amendment Deed.

Parties
Plaintiff: Ahmad Nazzal; First Defendant: 1Quay Corp Pty Ltd; Second Defendant: Iman Yassin
Jurisdiction
Australia
Judgment Date
20 June 2022
Procedural Posture
Equity / Post Judgment Orders as to Interest and Costs
Outcome
Orders made for payment of interest and indemnity costs in favour of the plaintiff.
Legal Topics
Interest at Default Contractual Rate, Costs, Indemnity Costs
Equity Interest at Default Contractual Rate Costs Indemnity Costs

Case Brief

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Parties

Ahmad Nazzal

Plaintiff

1Quay Corp Pty Ltd

First Defendant

Iman Yassin

Second Defendant

Procedural Posture

Equity / Post Judgment Orders as to Interest and Costs

Legal Issues

  1. 1 Whether plaintiff is entitled to interest at the default contractual rate
  2. 2 Whether indemnity costs should be awarded based on contractual entitlement

Ratio Decidendi

Where a contract provides an entitlement to indemnity costs, the court will usually exercise its discretion to make an order for indemnity costs in accordance with that entitlement. Interest is payable at the contractual rate as agreed in the Deed and Amendment Deed.

Court Disposition

Orders made for payment of interest and indemnity costs in favour of the plaintiff.

Orders

  • Judgment for the plaintiff for interest in the amount of $33,005.
  • Defendants ordered to pay plaintiff’s costs on an indemnity basis.