Embo Holdings Pty Ltd v Camm [1998] FCA 727

Embo Holdings Pty Ltd v Camm [1998] FCA 727

The Judicial Registrar does not have power to award judgment for a sum exceeding $100,000.00, including interest, and is restricted to awarding interest as a lump sum up to this threshold. Costs are not reduced pursuant to Order 62 Rule 36A as judgment equals the $100,000.00 limit.

Parties
Applicant: EMBO HOLDINGS PTY LTD; DUNHILL MADDEN BUTLER; First Respondent: GARY STIRLING CAMM; Second Respondent: WESTERN GROUP PTY LTD (ACN 010 104 631); Third Respondent: ALEC MERCER; Fourth Respondent: URS FELIX; Fifth Respondent: FELIX HOLDINGS PTY LTD; Cross Applicant: gary stirling camm; Cross Respondent: embo holdings pty ltd; Cross Applicant: urs felix; Cross Applicant: felix holdings pty ltd
Jurisdiction
Australia
Judgment Date
19 June 1998
Procedural Posture
Original Jurisdiction Proceeding / Post Judgment Assessment of Interest and Costs
Outcome
Judgment for applicant against second and third respondents in sum of $100,000.00 and costs awarded to applicant against those respondents.
Legal Topics
Assessment of Interest, Calculation of Damages, Delegated Powers of Judicial Registrars, Costs Orders
Commercial Law Civil Procedure Assessment of Interest Calculation of Damages Delegated Powers of Judicial Registrars Costs Orders

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Parties

EMBO HOLDINGS PTY LTD

Applicant

DUNHILL MADDEN BUTLER

GARY STIRLING CAMM

First Respondent

WESTERN GROUP PTY LTD (ACN 010 104 631)

Second Respondent

ALEC MERCER

Third Respondent

URS FELIX

Fourth Respondent

FELIX HOLDINGS PTY LTD

Fifth Respondent

gary stirling camm

Cross Applicant

embo holdings pty ltd

Cross Respondent

urs felix

Cross Applicant

felix holdings pty ltd

Cross Applicant

Procedural Posture

Original Jurisdiction Proceeding / Post Judgment Assessment of Interest and Costs

Legal Issues

  1. 1 What is the proper calculation and assessment of interest in a damages claim?
  2. 2 Does interest constitute part of the judgment sum for jurisdictional purposes?
  3. 3 Do Judicial Registrars have power to give judgment exceeding $100,000.00 when interest is included?

Ratio Decidendi

The Judicial Registrar does not have power to award judgment for a sum exceeding $100,000.00, including interest, and is restricted to awarding interest as a lump sum up to this threshold. Costs are not reduced pursuant to Order 62 Rule 36A as judgment equals the $100,000.00 limit.

Court Disposition

Judgment for applicant against second and third respondents in sum of $100,000.00 and costs awarded to applicant against those respondents.

Orders

  • Order 2 made on 11 June 1998 varied: judgment for applicant against second and thirdnamed respondents in the sum of $100,000.00.
  • Second and thirdnamed respondents pay applicant's costs of the proceeding between applicant and the second and thirdnamed respondents.