Jun International Property Pty Ltd v Fullerton Property Pty Ltd [2019] NSWSC 450

Jun International Property Pty Ltd v Fullerton Property Pty Ltd [2019] NSWSC 450

The plaintiff's claim for pre-judgment interest is dismissed because there was no judicial determination of when the cause of action accrued, no unequivocal admission of liability, and the matter was resolved without a contested hearing—thus, the discretion under s 100 Civil Procedure Act was not enlivened. Costs follow the usual rule for settlements without merits hearing, and no unreasonable conduct or capitulation justifies departure; thus, no general order as to costs except that the plaintiff pay costs of the application hearing on 8 April 2019.

Jurisdiction
Australia
Judgment Date
24 April 2019
Procedural Posture
Equity/civil / Post Settlement Application for Interest and Costs
Outcome
Plaintiff's claim for pre-judgment interest dismissed; no general order as to costs; plaintiff to pay defendants' costs of 8 April 2019 hearing.
Legal Topics
['costs' 'pre Judgment Interest' 'statutory Discretion Under S 100 Civil Procedure Act' 'settlement Without Hearing on Merits' 'constructive Trust' 'guarantor Liability']
['civil Procedure' 'equity'] ['costs' 'pre Judgment Interest' 'statutory Discretion Under S 100 Civil Procedure Act' 'settlement Without Hearing on Merits' 'constructive Trust' 'guarantor Liability']

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Procedural Posture

Equity/civil / Post Settlement Application for Interest and Costs

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to pre-judgment interest under s 100 of the Civil Procedure Act 2005 (NSW) following consent orders resolving the substantive claim without a judgment on the merits' 'Whether there should be a departure from the starting position that each party bear its own costs where proceedings settle without a hearing on the merits']

Ratio Decidendi

The plaintiff's claim for pre-judgment interest is dismissed because there was no judicial determination of when the cause of action accrued, no unequivocal admission of liability, and the matter was resolved without a contested hearing—thus, the discretion under s 100 Civil Procedure Act was not enlivened. Costs follow the usual rule for settlements without merits hearing, and no unreasonable conduct or capitulation justifies departure; thus, no general order as to costs except that the plaintiff pay costs of the application hearing on 8 April 2019.

Court Disposition

Plaintiff's claim for pre-judgment interest dismissed; no general order as to costs; plaintiff to pay defendants' costs of 8 April 2019 hearing.

Orders

  • ["Dismiss the plaintiff's claim for pre-judgment interest." 'Subject to order 3, order that there be no order as to the costs of the proceedings.' "The plaintiff pay the defendants' costs of the hearing on 8 April 2019."]