Latol Pty Limited v Robin Gersbeck (No 2) [2016] NSWSC 25

Latol Pty Limited v Robin Gersbeck (No 2) [2016] NSWSC 25

The plaintiff was entitled to judgment for damages assessed at $176,529 because the interest from 16 June 2015 to judgment should be calculated at the 8% per month rate contemplated by Harrison J's conditional adjournment order, and the legal costs incurred in attempting to recover from Mrs Ribbera were foreseeable and not too remote. The defendant's causation and novus actus arguments did not defeat that head of damage. The plaintiff's offer of compromise engaged UCPR r 42.14, justifying indemnity costs from 1 August 2015, and interest on costs was ordered under s 101(4) of the Civil Procedure Act 2005 (NSW).

Jurisdiction
Australia
Judgment Date
03 February 2016
Procedural Posture
Common Law Civil Damages and Costs Proceedings / Assessment of Damages and Costs Following Judgment for the Plaintiff
Outcome
Judgment for the plaintiff in the sum of $176,529, with ordinary costs to 31 July 2015, indemnity costs from 1 August 2015, and interest on costs.
Legal Topics
['interest on Damages' 'remoteness of Damage' 'recovery of Legal Costs Incurred in Proceedings Against a Third Party' 'indemnity Costs' 'offer of Compromise']
['civil Law' 'damages' 'costs'] ['interest on Damages' 'remoteness of Damage' 'recovery of Legal Costs Incurred in Proceedings Against a Third Party' 'indemnity Costs' 'offer of Compromise']

Case Brief

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Procedural Posture

Common Law Civil Damages and Costs Proceedings / Assessment of Damages and Costs Following Judgment for the Plaintiff

Legal Issues

  1. 1 ['Whether interest from 16 June 2015 to judgment should be calculated at the rate provided in the original loan agreement or at rates prescribed by the Civil Procedure Act 2005 (NSW) and/or the Uniform Civil Procedure Rules 2005 (NSW).' 'Whether the plaintiff was entitled to damages for legal expenses incurred in attempting to recover from the borrower, Mrs Ribbera.' "Whether indemnity costs should be ordered from 1 August 2015 following rejection of the plaintiff's offer of compromise." 'Whether interest on costs should be ordered from the dates the plaintiff paid those costs.']

Ratio Decidendi

The plaintiff was entitled to judgment for damages assessed at $176,529 because the interest from 16 June 2015 to judgment should be calculated at the 8% per month rate contemplated by Harrison J's conditional adjournment order, and the legal costs incurred in attempting to recover from Mrs Ribbera were foreseeable and not too remote. The defendant's causation and novus actus arguments did not defeat that head of damage. The plaintiff's offer of compromise engaged UCPR r 42.14, justifying indemnity costs from 1 August 2015, and interest on costs was ordered under s 101(4) of the Civil Procedure Act 2005 (NSW).

Court Disposition

Judgment for the plaintiff in the sum of $176,529, with ordinary costs to 31 July 2015, indemnity costs from 1 August 2015, and interest on costs.

Orders

  • ['Judgment for the plaintiff in the sum of $176,529.' "The first defendant is to pay the plaintiff's costs assessed on the ordinary basis up to and including 31 July 2015." "The first defendant is to pay the plaintiff's costs assessed on the indemnity basis on and from 1 August 2015." 'The first defendant is to pay...