Wanis v Lifestyle Residences Hobsons Bay Pty Ltd (No 2) [2024] NSWSC 1296

Wanis v Lifestyle Residences Hobsons Bay Pty Ltd (No 2) [2024] NSWSC 1296

The plaintiff is not entitled to costs against the first defendant beyond scale (statutory maximum) due to statutory limitation, nor contractual interest on costs or post-judgment compound interest; against the guarantors, proceedings were contested and indemnity costs and additional expenses are recoverable, subject to a gross sum discount (25%), and post-judgment interest is only available as simple interest at 50% per annum.

Parties
Plaintiff: John Wanis; First Defendant: Lifestyle Residences Hobsons Bay Pty Ltd; Second Defendant: Peter Van; Third Defendant: Dale Harrison; Fourth Defendant: ACapital Finance No. 3 Pty Ltd; Fifth Defendant: Immuto Fleur Nominees Pty Ltd
Jurisdiction
Australia
Judgment Date
22 October 2024
Procedural Posture
Principal Judgment / Post Judgment Costs and Enforcement
Outcome
Plaintiff to bring in short minutes to reflect reasons; calculations to be provided for judgment figures against the first defendant and the guarantors, including interest computations to judgment date.
Legal Topics
Party/party Costs, Default Judgment, Limitation on Costs, Post Judgment Interest, Enforcement of Judgment, Gross Sum Costs Order, Guarantor Liability, Indemnities
Costs Law Contract Law Civil Procedure Party/party Costs Default Judgment Limitation on Costs Post Judgment Interest Enforcement of Judgment +3 more

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Parties

John Wanis

Plaintiff

Lifestyle Residences Hobsons Bay Pty Ltd

First Defendant

Peter Van

Second Defendant

Dale Harrison

Third Defendant

ACapital Finance No. 3 Pty Ltd

Fourth Defendant

Immuto Fleur Nominees Pty Ltd

Fifth Defendant

Procedural Posture

Principal Judgment / Post Judgment Costs and Enforcement

Legal Issues

  1. 1 Is the plaintiff entitled to costs beyond scale costs against the first defendant under the Uniform Law and Regulation?
  2. 2 Is the plaintiff entitled to contractual interest or only simple interest post-judgment?
  3. 3 Are the guarantors liable for further sums beyond judgment and for legal costs on an indemnity basis?

Ratio Decidendi

The plaintiff is not entitled to costs against the first defendant beyond scale (statutory maximum) due to statutory limitation, nor contractual interest on costs or post-judgment compound interest; against the guarantors, proceedings were contested and indemnity costs and additional expenses are recoverable, subject to a gross sum discount (25%), and post-judgment interest is only available as simple interest at 50% per annum.

Court Disposition

Plaintiff to bring in short minutes to reflect reasons; calculations to be provided for judgment figures against the first defendant and the guarantors, including interest computations to judgment date.

Orders

  • Plaintiff entitled to scale costs only against the first defendant in default judgment.
  • Plaintiff entitled to simple interest (not compound) post-judgment at 50% per annum.