Damiano v Dhaliwal (No 3)

The case of Damiano v Dhaliwal (No 3) involved the parties, Damiano as the plaintiff and Dhaliwal as the defendant, who were embroiled in a dispute concerning a commercial lease. The matter came before the court on an application by Damiano for costs and pre-judgement interest arising from a successful counter-claim. The nature of the case was complex, involving issues of commercial leases and the legal consequences of successful counter-claims.

The legal issues before the court centred on whether Damiano was entitled to costs and pre-judgement interest following the successful outcome of their counter-claim. The court had to consider whether the award of costs and pre-judgement interest was appropriate in the context of a successful counter-claim and whether the discretion to award such costs was properly exercised. Additionally, the court needed to examine the relevance of any Calderbank offers made by the parties during the proceedings.

The court held that the discretion to award costs in such cases was broad and not to be exercised punitively. The court found that the discretion to award costs had been enlivened by the successful counter-claim. The court also considered the Calderbank offers and determined that they did not affect the exercise of the court’s discretion. Regarding pre-judgement interest, the court held that it was appropriate to award such interest to the successful counter-claimant. Consequently, the court ordered that Damiano be awarded costs on the standard basis and pre-judgement interest from the date of the counter-claim to the date of judgment.