Prospa Advance Pty Ltd v Barnard (No.2) [2022] NSWDC 84

Prospa Advance Pty Ltd v Barnard (No.2) [2022] NSWDC 84

Because the plaintiff abandoned contractual interest, claimed interest under s 100 of the Civil Procedure Act 2005 (NSW), and the defendant put forward no contrary position, pre-judgment interest was allowed in the amount calculated by the plaintiff. Although the Loan Agreement contained provisions for indemnity costs on default, costs were ordered on the ordinary basis because the plaintiff had not specifically sought indemnity costs in its prayers for relief and had not clearly conveyed that claim to the self-represented defendant.

Jurisdiction
Australia
Judgment Date
25 March 2022
Procedural Posture
Civil Claim to Enforce a Guarantee / On the Papers; Final Orders for Judgment, Pre Judgment Interest and Costs After Reasons Delivered on 18 March 2022
Outcome
Judgment for the plaintiff with pre-judgment interest and costs on the ordinary basis.
Legal Topics
['orders for Interest and Costs' 'whether Costs Should Be Paid in Accordance With Contract' 'pre Judgment Interest' 'ordinary Basis Costs' 'indemnity Costs']
['practice and Procedure' 'costs' 'civil Procedure'] ['orders for Interest and Costs' 'whether Costs Should Be Paid in Accordance With Contract' 'pre Judgment Interest' 'ordinary Basis Costs' 'indemnity Costs']

Case Brief

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Procedural Posture

Civil Claim to Enforce a Guarantee / On the Papers; Final Orders for Judgment, Pre Judgment Interest and Costs After Reasons Delivered on 18 March 2022

Legal Issues

  1. 1 ['Whether pre-judgment interest should be allowed under s 100 of the Civil Procedure Act 2005 (NSW).' "Whether the defendant should pay the plaintiff's costs on an indemnity basis under the Loan Agreement or on the ordinary basis."]

Ratio Decidendi

Because the plaintiff abandoned contractual interest, claimed interest under s 100 of the Civil Procedure Act 2005 (NSW), and the defendant put forward no contrary position, pre-judgment interest was allowed in the amount calculated by the plaintiff. Although the Loan Agreement contained provisions for indemnity costs on default, costs were ordered on the ordinary basis because the plaintiff had not specifically sought indemnity costs in its prayers for relief and had not clearly conveyed that claim to the self-represented defendant.

Court Disposition

Judgment for the plaintiff with pre-judgment interest and costs on the ordinary basis.

Orders

  • ['Judgment for the plaintiff for the sum of $119,861.86.' 'The defendant is to pay pre-judgment interest in the sum of $12,657.25.' "The defendant is to pay the plaintiff's costs on the ordinary basis as agreed or assessed."]