C & V Engineering Pty Ltd v Metropolitan Demolitions Pty Ltd (No.2) [2022] NSWDC 173

C & V Engineering Pty Ltd v Metropolitan Demolitions Pty Ltd (No.2) [2022] NSWDC 173

The Court adopted Metropolitan's proposed short minutes subject to including the additional affidavits of Mr Pizzolato, because the Court would be assisted by the more expansive referee questions and by the materials the parties genuinely considered relevant. The contractual interest rate did not apply because a precondition to charging that rate was that Metropolitan had entered into a credit agreement with C&V, and C&V admitted no such credit agreement existed; therefore, after the reference, pre-judgment interest is to be calculated under the Civil Procedure Act rates.

Jurisdiction
Australia
Judgment Date
25 May 2022
Procedural Posture
Consequential Orders / On the Papers Following Reasons for Judgment, to Settle Orders Concerning a Referee Referral, Further Security for Costs, Costs and Pre Judgment Interest
Outcome
Orders made generally in accordance with Metropolitan's short minutes as varied; the security for costs application was timetabled, issues were referred to a referee, costs were deferred until after the reference, and interest was ordered at the Court's pre-judgment interest rate.
Legal Topics
['consequential Orders' 'referee Referral' 'security for Costs' 'pre Judgment Interest' 'breach of Contract']
['practice and Procedure' 'civil Procedure' 'contract Law'] ['consequential Orders' 'referee Referral' 'security for Costs' 'pre Judgment Interest' 'breach of Contract']

Case Brief

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Procedural Posture

Consequential Orders / On the Papers Following Reasons for Judgment, to Settle Orders Concerning a Referee Referral, Further Security for Costs, Costs and Pre Judgment Interest

Legal Issues

  1. 1 ["What terms should govern the referral of quantum issues concerning the plaintiff's successful Building B breach of contract claim to a referee." "Whether directions should be made for the defendant's proposed application for further security for costs." 'Whether pre-judgment interest should be calculated at the contractual rate or at the rate prescribed under the Civil Procedure Act 2005 (NSW).']

Ratio Decidendi

The Court adopted Metropolitan's proposed short minutes subject to including the additional affidavits of Mr Pizzolato, because the Court would be assisted by the more expansive referee questions and by the materials the parties genuinely considered relevant. The contractual interest rate did not apply because a precondition to charging that rate was that Metropolitan had entered into a credit agreement with C&V, and C&V admitted no such credit agreement existed; therefore, after the reference, pre-judgment interest is to be calculated under the Civil Procedure Act rates.

Court Disposition

Orders made generally in accordance with Metropolitan's short minutes as varied; the security for costs application was timetabled, issues were referred to a referee, costs were deferred until after the reference, and interest was ordered at the Court's pre-judgment interest rate.

Orders

  • ['The defendant is to file a motion and affidavit in support of any application for further security for costs within 5 business days of the orders.' 'The plaintiff is to serve any evidence in response within 5 business days of the defendant serving its motion and affidavit.' 'The parties are each to serve written...