Curnow Consulting Pty Limited v JPD Media and Design Pty Ltd t/a Durie Design (No. 3)

Curnow Consulting Pty Limited commenced proceedings against JPD Media and Design Pty Ltd t/a Durie Design, seeking damages for breach of contract and associated relief. The proceedings were ultimately stayed for a period from November 2013 to February 2015 due to Curnow Consulting’s non-payment of a costs order in favour of the first defendant. The primary issue before the court was whether interest up to judgment should accrue on any amount outstanding during the period of the stay. Additionally, the court had to determine whether an order for costs should be made in favour of the second defendant and what the overall costs order should be between Curnow Consulting and the first defendant, including whether the first defendant should pay costs on a party/party basis and if any order for costs should be discounted due to parts of Curnow Consulting’s claim being covered by a Calderbank offer and those upon which it lost.

The court held that interest up to judgment should be awarded under the Civil Procedure Act 2005, section 100, on any amount outstanding during the period of the stay. The court reasoned that the stay of the proceedings did not absolve the defendant of its obligation to pay interest for the period in which the proceedings were stayed. The court also found that an order for costs should be made in favour of the second defendant, and the first defendant should pay Curnow Consulting’s costs on a party/party basis. The court ordered that the costs be discounted to reflect the Calderbank offer and the parts of Curnow Consulting’s claim upon which it lost and which were severable from the issues on which it was successful.

The final orders included the determination of interest up to judgment on any amount outstanding during the period of the stay, an order for costs in favour of the second defendant, and a detailed breakdown of the costs order between Curnow Consulting and the first defendant, including the application of discounts for the Calderbank offer and the unsuccessful parts of the claim.