PRITCHARD v TRIUS CONSTRUCTIONS PTY LIMITED & Ors [No 2] [2011] NSWSC 1114

PRITCHARD v TRIUS CONSTRUCTIONS PTY LIMITED & Ors [No 2] [2011] NSWSC 1114

The claim for contribution pursuant to s5(1)(c) Law Reform (Miscellaneous Provisions) Act 1946 was found to be 'in respect of' personal injury damages and thus pre-judgment interest should be calculated in accordance with s18 of the Civil Liability Act 2002. The offer of compromise made on 10 May 2011, while including a provision for costs, was valid as an offer of compromise under Pt 20 r 20.26 UCPR and entitled Trius to indemnity costs from the date of the offer.

Parties
Plaintiff: Terrence Stephen Pritchard; First Defendant: Trius Constructions Pty Limited; Second Defendant: Oceanic Coal Australia Pty Ltd; Cross Claimant: Oceanic Coal Australia Pty Ltd; Cross Defendant: Trius Constructions Pty Limited
Jurisdiction
Australia
Judgment Date
19 September 2011
Procedural Posture
Civil / Post Judgment Application for Interest and Costs
Outcome
Application granted in favour of Trius; interest to be calculated in accordance with s18 of the Civil Liability Act 2002; indemnity costs order made.
Legal Topics
Personal Injury Damages, Contribution Between Tortfeasors, Pre Judgment Interest, Offer of Compromise, Costs Assessment
Practice and Procedure Personal Injury Costs Personal Injury Damages Contribution Between Tortfeasors Pre Judgment Interest Offer of Compromise Costs Assessment

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Parties

Terrence Stephen Pritchard

Plaintiff

Trius Constructions Pty Limited

First Defendant

Oceanic Coal Australia Pty Ltd

Second Defendant

Oceanic Coal Australia Pty Ltd

Cross Claimant

Trius Constructions Pty Limited

Cross Defendant

Procedural Posture

Civil / Post Judgment Application for Interest and Costs

Legal Issues

  1. 1 Whether pre-judgment interest on contribution is to be calculated under s18 Civil Liability Act 2002 or s101 Civil Procedure Act 2005.
  2. 2 Whether the offer operated as an offer of compromise under Pt 20 r 20.26 Uniform Civil Procedure Rules 2005.
  3. 3 Meaning of 'exclusive of costs' in Pt 20 r 20.26(2) UCPR.

Ratio Decidendi

The claim for contribution pursuant to s5(1)(c) Law Reform (Miscellaneous Provisions) Act 1946 was found to be 'in respect of' personal injury damages and thus pre-judgment interest should be calculated in accordance with s18 of the Civil Liability Act 2002. The offer of compromise made on 10 May 2011, while including a provision for costs, was valid as an offer of compromise under Pt 20 r 20.26 UCPR and entitled Trius to indemnity costs from the date of the offer.

Court Disposition

Application granted in favour of Trius; interest to be calculated in accordance with s18 of the Civil Liability Act 2002; indemnity costs order made.

Orders

  • Prejudgment interest payable by Trius to Oceanic to be calculated in accordance with s18 of the Civil Liability Act 2002.
  • Oceanic to have costs of proceedings in relation to claim under s5(1)(c) as agreed or assessed to 10 May 2011.