Waddell v mathematics.com.au Pty Ltd (No 2) [2013] NSWSC 988

Waddell v mathematics.com.au Pty Ltd (No 2) [2013] NSWSC 988

The defendant was not entitled to indemnity costs because, leaving aside the resolved and uncertain share component, its offer of $33,000 inclusive of interest was less than the amount ordered by the Court. The shares were not taken into account because that part of the dispute had been resolved and their value in a...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 July 2013
Procedural Posture
Consequential Orders in Breach of Contract Proceedings / Post Judgment Determination of Damages Calculation and Costs After Leave to Address Any Different or Special Costs Order
Outcome
Judgment for the plaintiff in the sum of $44,942.08; defendant to pay the plaintiff's costs; proceedings dismissed.
Legal Topics
['breach of Contract' 'non Payment of Wages' 'unpaid Leave' 'offer of Compromise' 'indemnity Costs' 'pre Judgment Interest' 'post Judgment Interest']
['contract Law' 'employment Law' 'civil Procedure' 'costs'] ['breach of Contract' 'non Payment of Wages' 'unpaid Leave' 'offer of Compromise' 'indemnity Costs' 'pre Judgment Interest' 'post Judgment Interest']

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Procedural Posture

Consequential Orders in Breach of Contract Proceedings / Post Judgment Determination of Damages Calculation and Costs After Leave to Address Any Different or Special Costs Order

Legal Issues

  1. 1 ['Whether the damages payable to the plaintiff for unpaid wages, superannuation, leave and leave loading should be calculated at $44,942.08 including pre-judgment interest.' "Whether the defendant's offer of compromise justified an order that the plaintiff pay the defendant's costs on an indemnity basis or otherwise." 'Whether the value of shares offered by the defendant should be taken into account in determining costs consequences.']

Ratio Decidendi

The defendant was not entitled to indemnity costs because, leaving aside the resolved and uncertain share component, its offer of $33,000 inclusive of interest was less than the amount ordered by the Court. The shares were not taken into account because that part of the dispute had been resolved and their value in a private company was uncertain. The plaintiff was entitled to damages for one fortnight's unpaid wages, superannuation, 46.6 days' leave, leave loading only on ordinary annual leave, and pre-judgment interest, totalling $44,942.08, with costs following the event in favour of the plaintiff.

Court Disposition

Judgment for the plaintiff in the sum of $44,942.08; defendant to pay the plaintiff's costs; proceedings dismissed.

Orders

  • ['Judgment for the plaintiff in the sum of $44,942.08.' 'Interest is payable on the amount of $36,809.56 on and from the date of these orders pursuant to s 101 of the Civil Procedure Act 2005 at the rate prescribed in the Uniform Civil Procedure Rules 2005.' "The defendant shall pay the plaintiff's costs of and...