Case: GEC Marconi Systems Pty Ltd v BHP Information Technology Pty Ltd [2003] FCA 688
Outcome: cited
usual practice in the Federal Court is to adopt the rates of interest applied in the Supreme Court of the State in which the application is commenced unless there is evidence that the rates are penal or not commercial: GEC Marconi Systems Pty Ltd v BHP Information Technology Pty Ltd [2003] FCA 688 at [7] . The current rate of interest prescribed under s 48 of the Supreme Court Act 1995 (Qld) is 10% per annum. No submissions were made by the parties as to an appropriate rate of interest. I consider that the rate of interest of 10% per annum should be applied in respect of the sum of $127,284 to which the applicants are entitled from the date the applicants' cause of action arose. Accordingly, the appropriate orders are as follows: In relation to the amended application filed 31 March 2006: (a) the applicants are entitled to damages as against the first respondent for breach of the Forbes Guarantee and the Forbes Lot 8 Lease Guarantee in the amount of $127,284; (b) the first respondent is pay the applicants interest at the annual rate of 10% on the sum ordered to be paid in sub-paragraph 1(a) herein pursuant to section 51A of the Federal Court of Australia Act 1976 (Cth), to be calculated from the date the applicants' cause of action arose; (c) the application is otherwise dismissed. In relation to the notice of motion filed 12 September 2007: (a) pursuant to section 135 of the Evidence Act 1995 (Cth) pages 130-192 of annexure "PK1" to the affidavit of Poh Kiat affirmed on 25 October 2005 are excluded from evidence admitted, or to be admitted, in this proceeding; (b) the notice of motion is otherwise dismissed. In view of the mixed outcome in the case I consider it appropriate to invite the parties to make submissions as to costs orders. Accordingly I also make the following directions: The applicants are to file and serve submissions as to costs, and copy them in electronic form to the associate, by 4.00 pm on 6 July 2009. The respondents are to file and serve submissions as to costs, and copy them in electronic form to the associate, by 4.00 pm on 20 July 2009. The applicants are to file and serve submissions as to costs in reply, and copy them in electronic form to the associate, by 4.00 pm on 27 July 2009. The issue of costs is to be decided on written submissions without the necessity for a hearing unless either party should contact my chambers and the other party by 4.00 pm on 30 July 2009 and request a hearing or unless the Court schedules a hearing to hear oral submissions. I certify that the preceding one hundred and eighty-eight (188) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Collier. Associate: Dated: 22 June 2009 Counsel for the First and Second Applicants: Mr N Perram SC and Mr BL Jones Solicitor for the First and Second Applicants: Jackson Lalic Counsel for the First and Second Respondents: Mr R Bain QC and Mr PD Tucker Solicitor for the First and Second Respondents: BCI Duells Date of Hearing: 12, 13, 14 February 2008 and 15, 16 July 2008 Date of Judgment: 22 June 2009 AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback URL: http://www.austlii.edu.au/au/cases/cth/FCA/2009/675.html