Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2010] NSWSC 1106

Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2010] NSWSC 1106

Interest on the Plaintiff's judgment is awarded from the time each relevant payment of expenditure was made, at the rate prescribed at the time of the judgment as per the rules for s 101, based on the court's discretion under s 100. No apportionment of costs is warranted; the Defendant is entitled to all costs due to issue interconnection and lack of discrete successful issues for the Plaintiffs. Set-off between judgment sums and costs is appropriate, and enforcement of the Plaintiff's judgment is stayed pending quantification of Defendant's costs and set-off.

Jurisdiction
Australia
Judgment Date
24 September 2010
Procedural Posture
Civil Equity Consequential Orders / Post Trial; Final Orders Following Substantive Decisions
Outcome
Short minutes of orders to be provided; judgment for Defendant on most issues. Set-off and stay granted pending costs quantification. Defendant to have costs.
Legal Topics
['interest on Judgments' 'costs Orders' 'set Off of Judgments' 'restitution for Improvements' 'lease Termination']
['civil Procedure' 'equity' 'restitution'] ['interest on Judgments' 'costs Orders' 'set Off of Judgments' 'restitution for Improvements' 'lease Termination']

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Procedural Posture

Civil Equity Consequential Orders / Post Trial; Final Orders Following Substantive Decisions

Legal Issues

  1. 1 ['From what date and at what rate should interest be calculated on the restitutionary judgment?' 'Whether costs should be apportioned in respect of distinct issues or follow the general rule?' 'Should the court order set-off and a stay regarding enforcement of judgments and costs between the parties?']

Ratio Decidendi

Interest on the Plaintiff's judgment is awarded from the time each relevant payment of expenditure was made, at the rate prescribed at the time of the judgment as per the rules for s 101, based on the court's discretion under s 100. No apportionment of costs is warranted; the Defendant is entitled to all costs due to issue interconnection and lack of discrete successful issues for the Plaintiffs. Set-off between judgment sums and costs is appropriate, and enforcement of the Plaintiff's judgment is stayed pending quantification of Defendant's costs and set-off.

Court Disposition

Short minutes of orders to be provided; judgment for Defendant on most issues. Set-off and stay granted pending costs quantification. Defendant to have costs.

Orders

  • ['Declaration that Defendant validly terminated the lease and option on 3 May 2002.' 'Declaration that exercise of option by First Plaintiff was ineffective.' 'Extension/vacation of caveat orders as per draft orders.' 'Judgment for Cross Claimant against First Cross Defendant in sum of $86,261.15 plus interest to be...