Brown, N & Ors v. Kingia Pty Ltd & Ors [1985] FCA 387

Brown, N & Ors v. Kingia Pty Ltd & Ors [1985] FCA 387

Applicants are entitled, at this stage, only to judgment against the third respondent for damages to be assessed and for costs. The determination of entitlement to interest and its rate under section 32 of the Supreme Court Act 1935 (WA) is to be made when damages are assessed, not at the stage of default judgment where no sum has yet been determined.

Parties
Applicant: John Baptist Nella; Applicant: Clifford Sydney Brown; Applicant: Barbara Sybil Brown; Applicant: Ian Willian Brown; First Respondent: Kingia Pty. Ltd.; Second Respondent: Ian David Asphar; Second Respondent: Peter Anthony McComish; Second Respondent: Robert William Waters; Third Respondent: Hilldodd Pty. Ltd.
Jurisdiction
Australia
Judgment Date
06 August 1985
Procedural Posture
Damages Claim / Judgment in Default of Filing Defence
Outcome
Judgment for applicants against third respondent for damages to be assessed; applicants to receive costs including one-half of costs of motion for judgment.
Legal Topics
Interest on Damages, Default Judgment, Statutory Interpretation, Damages Assessment
Trade Practices Contract Damages Interest on Damages Default Judgment Statutory Interpretation Damages Assessment

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Parties

John Baptist Nella

Applicant

Clifford Sydney Brown

Applicant

Barbara Sybil Brown

Applicant

Ian Willian Brown

Applicant

Kingia Pty. Ltd.

First Respondent

Ian David Asphar

Second Respondent

Peter Anthony McComish

Second Respondent

Robert William Waters

Second Respondent

Hilldodd Pty. Ltd.

Third Respondent

Procedural Posture

Damages Claim / Judgment in Default of Filing Defence

Legal Issues

  1. 1 Whether interest may be included in damages under section 32 of the Supreme Court Act 1935 (WA) in proceedings in the Federal Court.
  2. 2 Whether the Federal Court can, at the stage of default judgment, order payment of interest prior to assessment of damages.
  3. 3 Applicability of state law on interest to federal jurisdiction under section 79 of the Judiciary Act 1903.

Ratio Decidendi

Applicants are entitled, at this stage, only to judgment against the third respondent for damages to be assessed and for costs. The determination of entitlement to interest and its rate under section 32 of the Supreme Court Act 1935 (WA) is to be made when damages are assessed, not at the stage of default judgment where no sum has yet been determined.

Court Disposition

Judgment for applicants against third respondent for damages to be assessed; applicants to receive costs including one-half of costs of motion for judgment.

Orders

  • Judgment be entered for the applicants against the third respondent for damages to be assessed.
  • The third respondent pay the applicants their costs, including one-half of the costs of the applicants' motion for judgment.