Keys v Salway (No 2) [2015] NSWSC 856

Keys v Salway (No 2) [2015] NSWSC 856

Interest on the damages shall be calculated on the basis conceded by the first defendant (court-prescribed rate), as the plaintiffs did not establish an entitlement to the higher lease rate. Indemnity costs are awarded to the plaintiffs from 19 March 2012, due to the unreasonably rejected compromise offer.

Parties
First Plaintiff: Michael Joe Keys; Second Plaintiff: Jennifer Domini Marie Keys; First Defendant: Steven Craig Salway; Second Defendant: Donna Sophia Salway
Jurisdiction
Australia
Judgment Date
01 July 2015
Procedural Posture
Civil / Post Judgment (calculation of Interest and Costs)
Outcome
Final orders to be filed by plaintiffs reflecting interest and costs as per judgment within 7 days; exhibits and subpoenaed material to be returned.
Legal Topics
Costs, Interest, Calculation of Damages, Offers of Settlement
Civil Procedure Costs Interest Calculation of Damages Offers of Settlement

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Parties

Michael Joe Keys

First Plaintiff

Jennifer Domini Marie Keys

Second Plaintiff

Steven Craig Salway

First Defendant

Donna Sophia Salway

Second Defendant

Procedural Posture

Civil / Post Judgment (calculation of Interest and Costs)

Legal Issues

  1. 1 How should interest be calculated on the damages awarded to the plaintiffs?
  2. 2 From what date should indemnity costs be awarded to the plaintiffs?

Ratio Decidendi

Interest on the damages shall be calculated on the basis conceded by the first defendant (court-prescribed rate), as the plaintiffs did not establish an entitlement to the higher lease rate. Indemnity costs are awarded to the plaintiffs from 19 March 2012, due to the unreasonably rejected compromise offer.

Court Disposition

Final orders to be filed by plaintiffs reflecting interest and costs as per judgment within 7 days; exhibits and subpoenaed material to be returned.

Orders

  • Mr and Mrs Keys to file final orders reflecting conclusions as to interest and costs within 7 days of the date of this judgment.
  • All exhibits and subpoenaed material may be returned forthwith; any exhibits returned must be retained intact by the party or person that produced the material until the expiry of the time to file an appeal, or until any appeal has been determined.