Screenco Pty Ltd v R L Dew Pty Ltd & Ors [2002] NSWSC 1050

Screenco Pty Ltd v R L Dew Pty Ltd & Ors [2002] NSWSC 1050

Interest is not awarded where plaintiff has not incurred a real or practical loss due to not paying for the item in question; interest should be awarded for lost revenue where the plaintiff was deprived of income. Costs should follow the event, and offer of compromise entitles indemnity costs as its terms are compliant or fall within Calderbank principles.

Jurisdiction
Australia
Judgment Date
11 November 2002
Procedural Posture
Commercial Damages Dispute / Post Judgment (interest and Costs Determination)
Outcome
Plaintiff's claim for interest on lost revenue allowed; no interest awarded on screen loss. Plaintiff entitled to costs. Dew entitled to costs against Steele. Offer of compromise entitles indemnity costs.
Legal Topics
['interest on Damages' 'award of Costs' 'offer of Compromise']
['commercial Law'] ['interest on Damages' 'award of Costs' 'offer of Compromise']

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Procedural Posture

Commercial Damages Dispute / Post Judgment (interest and Costs Determination)

Legal Issues

  1. 1 ['Whether it is just to award interest to the plaintiff for damages including items where the plaintiff has not paid for replacement items' 'Whether costs should be awarded between defendants, including cross-claims' 'Whether the offer of compromise complies with Supreme Court Rules and entitles indemnity costs']

Ratio Decidendi

Interest is not awarded where plaintiff has not incurred a real or practical loss due to not paying for the item in question; interest should be awarded for lost revenue where the plaintiff was deprived of income. Costs should follow the event, and offer of compromise entitles indemnity costs as its terms are compliant or fall within Calderbank principles.

Court Disposition

Plaintiff's claim for interest on lost revenue allowed; no interest awarded on screen loss. Plaintiff entitled to costs. Dew entitled to costs against Steele. Offer of compromise entitles indemnity costs.

Orders

  • ['Plaintiff to bring in short minutes of order reflecting judgment, interest and costs determination.' "Steele ordered to pay Dew's costs, including costs Dew must pay to Screenco." 'Plaintiff entitled to costs against defendants.']