| IN THE SUPREME COURT OF VICTORIA AT MELBOURNE COMMERCIAL COURT | Not Restricted |
The Down Town Proceeding - S CI 2017 3990
| DOWN TOWN VISUALS PTY LTD | Plaintiff |
| v | |
| PANORAMA INVESTMENTS PTY LTD | Defendant |
The Possession Proceeding - S CI 2017 3283
| PANORAMA INVESTMENTS PTY LTD | Plaintiff |
| v | |
| NICK MELLOS and STEPHEN ROBERT DIXON (as Joint and Several Trustees of the Bankrupt Estate of Dr Nicholas William Sevdalis (a Bankrupt)) and ors (according to the attached Schedule of Parties) | Defendants |
The First Mortgage Proceeding - S CI 2017 4334
| PANORAMA INVESTMENTS PTY LTD | Plaintiff |
| v | |
| N.B. SERVICES (AUST) PTY LTD and ORS (according to the attached Schedule of Parties) | Defendants |
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JUDGE: | DIGBY J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 12 November 2018 |
DATE OF RULING: | 13 November 2018 |
CASE MAY BE CITED AS: | Down Town Visuals v Panorama Investments (No 3) |
MEDIUM NEUTRAL CITATION: | [2018] VSC 691 |
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COSTS – Interest on costs – Jurisdiction as to Costs – Discretion as to costs – Where parties seek determination on interest entitlement – Whether interest should run from the date invoices were paid – Whether claimant should be indemnified for costs under loan agreement – Supreme Court Act 1986 (Vic) s 101.
APPEARANCES FOR: | Counsel | Solicitors |
| Down Town Visuals Pty Ltd | Mr M Colbran QC with Mr A Solomon-Bridge | Arslan Lawyers |
| Panorama Investments Pty Ltd | Mr L Magowan | Barraket Stanton Lawyers |
| Receivers of Native Bond Pty Ltd (Receivers and Managers Appointed) (In Liquidation) | Mr C Moller | White Cleland |
| Joint and Several Trustees of the Bankrupt Estate of Dr Nicholas William Sevdalis (a Bankrupt). | No appearance | No appearance |
| Liquidator of Native Bond Pty Ltd (Receivers and Managers Appointed) (In Liquidation) | No appearance | No appearance |
| NB Services (Australia) Pty Ltd (Receivers Appointed) | No appearance | No appearance |
| Nicholas Bochrinis | No appearance | No appearance |
| Champion Investment Group Pty Ltd | No appearance | No appearance |
| Bendigo and Adelaide Bank Ltd | No appearance | No appearance |
HIS HONOUR:
Introduction
On 31 January 2018, Panorama Investments Pty Ltd (Panorama), the plaintiff in the First Mortgagee Proceeding (S CI 2017 4334) and the Possession Proceeding (S CI 2017 3283) and the defendant in the Down Town Proceeding (S CI 2017 3990), paid the sum of $3,708,785.95 (the Settlement Proceeds) into the Supreme Court of Victoria’s Funds in Court. This payment was made pursuant to paragraph [2] of the Orders of Elliott J dated 24 January 2018 in the Possession Proceeding. The Settlement Proceeds represent the surplus from the sale of the land located at 895 Yan Yean Road, Doreen, Victoria.
This litigation arises out of the default of Mr Nicholas Sevdalis, who is now bankrupt, and associated entities in respect of a number of secured and unsecured loan agreements. The parties to the present proceeding assert competing interests in respect of the Settlement Proceeds. Those proceeds were generated by the sale of the above secured properties.
During applications made on 12 November 2018, it emerged that a likely impediment to the active parties before the Court being able to resolve or…
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- Case
- [2018] VSC 691
- Decision Date
CaseChat Overview and Summary
The legal issues before the court centred on the interpretation of Supreme Court Act 1986 (Vic) section 101, which governs the court's discretion regarding costs. Specifically, the court had to decide whether interest should accrue on costs from the date when the invoices were paid, as opposed to the date when the costs were actually incurred. Additionally, the court had to consider whether the claimant should be indemnified for costs under a loan agreement, as this could impact the overall costs recovery. The parties sought clarification on these matters to determine their respective financial obligations.
In delivering its decision, the court carefully examined the language of section 101 and relevant case law to provide guidance on the interpretation of interest on costs. The court held that interest should run from the date when the invoices were paid, aligning with the ordinary principles of interest accrual. Furthermore, the court found that the claimant was entitled to be indemnified for costs under the loan agreement, as this was explicitly stipulated in the agreement terms. The court exercised its discretion under section 101 to ensure a fair and just outcome for both parties, taking into account the commercial context and the specific terms of the loan agreement.
The court's final orders clarified the parties' entitlement to interest on costs and the indemnification under the loan agreement, providing a resolution to the dispute. This decision serves as an important precedent for future cases involving similar issues of interest on costs and the court's discretion under the Supreme Court Act 1986 (Vic).
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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