Credit Corp Services Pty Ltd v Shahi - [2024] QMC 25

MAGISTRATES COURTS OF QUEENSLAND

CITATION:

Credit Corp Services Pty Ltd v Shahi [2024] QMC 25

PARTIES:

Credit Corp Services Pty Ltd

(Plaintiff)

v

Priyanka Shahi

(Defendant)

FILE NO/S:

53766/19

DIVISION:

Civil

PROCEEDING:

Application for Costs

ORIGINATING COURT:

Brisbane Magistrates Court

DELIVERED ON:

12/12/2024

DELIVERED AT:

Brisbane

HEARING DATE:

On the Papers

MAGISTRATE:

Pinder

ORDER:

I ORDER THAT THE DEFENDANT PAY THE PLAINTIFF:

(1) INTEREST ON THE JUDGEMENT SUM IN THE AMOUNT OF $32,139.77.

(2) COSTS ON A STANDARD BASIS TO 6 DECEMBER 2021 AND ON AN INDEMNITY BASIS FROM 7 DECEMBER 2021 FIXED IN THE SUM OF $7,945.79.

CATCHWORDS:

INTEREST ON JUDGEMENT -COSTS

Civil Proceedings Act 2011 (Qld), s 58

Uniform Civil Procedure Rules 1999 (Qld), r 702, r 703, r 353, r 1003, r 260

CASES:

Delta Pty Ltd v Mechanical and Construction Pty Ltd [2019] QCA 62

Calderbank v Calderbank [1976] Fam 93

Peter Carter Transport v Swansaway No. 2 Pty Ltd [2021] QDC 109

Amos v Monsour Legal Costs Pty Ltd [2007] QCA 235

Bottoms v Reser [2000] QSC 413

COUNSEL:

CH. Matthews for the Plaintiff

SOLICITORS:

Piper Alderman for the Plaintiff

Defendant – No Appearance

I delivered judgement in this matter on 2 August 2024.[1] I gave judgement for the plaintiff against the defendant in the sum of $23,954.37. In respect of interest and costs I directed the parties file written submissions.
[1]Credit Corp Services Pty Ltd v Shahi [2024] QMC 12.

The plaintiff has now filed:

- Written submissions on costs dated 16 August 2024.

- Affidavit Rebecka Sumsion sworn 13 August 2024 – filed 21 August 2024.

- Affidavit Florian Samuel Ammer sworn 14 August 2024 – filed 21 August 2024.

The defendant has not filed any further material and has not filed any written submissions.

INTEREST

The courts power to award interest up to the date of judgement is provided by s 58 of the Civil Proceedings Act 2011 (Qld) (CPA).

The court may order interest be paid at a rate the court considers appropriate.[2]
[2]Civil Proceedings Act 2011 (Qld), s 58(8).

Unless there is a proper basis for departure, the court commonly applies the interest rate set by practice direction.[3] The plaintiff contends for an entitlement to interest at a rate of 20.24% per annum. The plaintiff submits that the proper basis for departure from the application of interest rate set by practice direction is the finding in the substantive judgement that the agreement between the parties entitle the plaintiff to interest on the balance outstanding from time to time accruing at a rate of 20.24% per annum.[4] The plaintiff claims interest from 10 January 2021 (the date of the first assignment of debt) and again relies on a finding in the substantive judgement that the debt owing by the defendant was $23,954.37.[5]
[3]Delta Pty Ltd v Mechanical and Construction Pty Ltd [2019] QCA 62.
[4]Credit Corp Services Pty Ltd v Shahi [2024] QMC 12, para 34.
[5] Credit Corp Services Ibid ,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2024] QMC 25
Decision Date: 12/12/2024

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, Credit Corp Services Pty Ltd brought an action against Mr. Shahi concerning an outstanding debt. Mr. Shahi, who was served with the claim but did not file a defence, faced judgment in default due to his non-appearance. The court was tasked with determining the appropriate quantum of interest and costs to be awarded to the plaintiff. Given Mr. Shahi's absence and lack of response, the court had to assess the interest and costs based on the information and submissions presented by the plaintiff. The court found that the plaintiff was entitled to interest on the judgment sum and costs as specified in the orders. The interest was calculated from the date of the judgment until the date of satisfaction of the judgment. Additionally, the court awarded costs to the plaintiff, which were to be paid on a standard basis until a specified date and on an indemnity basis thereafter. The final orders mandated that Mr. Shahi pay the plaintiff the specified amount of interest and costs.

Orders

Orders of the court

I ORDER THAT THE DEFENDANT PAY THE PLAINTIFF:

(1) INTEREST ON THE JUDGEMENT SUM IN THE AMOUNT OF $32,139.77.

(2) COSTS ON A STANDARD BASIS TO 6 DECEMBER 2021 AND ON AN INDEMNITY BASIS FROM 7 DECEMBER 2021 FIXED IN THE SUM OF $7,945.79.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Credit Corp Services Pty Ltd v Shahi [2024] QMC 25
PARTIES:	Credit Corp Services Pty Ltd (Plaintiff) v Priyanka Shahi (Defendant)
FILE NO/S:	53766/19
DIVISION:	Civil
PROCEEDING:	Application for Costs
ORIGINATING COURT:	Brisbane Magistrates Court
DELIVERED ON:	12/12/2024
DELIVERED AT:	Brisbane
HEARING DATE:	On the Papers
MAGISTRATE:	Pinder
ORDER:	I ORDER THAT THE DEFENDANT PAY THE PLAINTIFF: (1) INTEREST ON THE JUDGEMENT SUM IN THE AMOUNT OF $32,139.77. (2) COSTS ON A STANDARD BASIS TO 6 DECEMBER 2021 AND ON AN INDEMNITY BASIS FROM 7 DECEMBER 2021 FIXED IN THE SUM OF $7,945.79.
CATCHWORDS:	INTEREST ON JUDGEMENT -COSTS
Civil Proceedings Act 2011 (Qld), s 58 Uniform Civil Procedure Rules 1999 (Qld), r 702, r 703, r 353, r 1003, r 260
CASES:	Delta Pty Ltd v Mechanical and Construction Pty Ltd [2019] QCA 62 Calderbank v Calderbank [1976] Fam 93 Peter Carter Transport v Swansaway No. 2 Pty Ltd [2021] QDC 109 Amos v Monsour Legal Costs Pty Ltd [2007] QCA 235 Bottoms v Reser [2000] QSC 413
COUNSEL:	CH. Matthews for the Plaintiff
SOLICITORS:	Piper Alderman for the Plaintiff Defendant – No Appearance