Gibbett v Forwood Products Pty Ltd (No 2)

The parties to this case were Brisk Shavings Pty Ltd and Kenneth Maxwell Gibbett, who were the applicants, and Forwood Products Pty Ltd, who was the respondent. The applicants were seeking damages, including interest, from the respondent for breach of contract and for misleading and deceptive conduct. The case was heard in the Supreme Court of New South Wales. The applicants were claiming damages for the period between the cause of action and the judgment, while the respondent was arguing that the applicants' delay in prosecuting their claim constituted good cause for declining to award interest for that period.

The legal issues that the court had to decide included whether the applicants' delay in prosecuting their claim constituted good cause for declining to award interest for the period between the cause of action and the judgment, and whether the applicants should be awarded costs in full or in part only. The applicants were claiming a significant amount of interest, while the respondent argued that the applicants' delay in prosecuting their claim constituted good cause for declining to award interest for the period between the cause of action and the judgment. The applicants had only partially succeeded in their claims, and had recovered a sum much less than they had claimed.

The court held that the applicants' delay in prosecuting their claim did not constitute good cause for declining to award interest for the period between the cause of action and the judgment. The court held that the applicants' delay did not affect their entitlement to interest for that period. The court also held that the applicants should be awarded costs in part only. The applicants had only partially succeeded in their claims, and had recovered a sum much less than they had claimed. The court held that the applicants were entitled to 40% of their costs of and incidental to the application to be taxed, excluding therefrom specific orders for costs made in the course of the proceedings. The court held that the applicants were entitled to a lump sum in lieu of interest of $452,000 and $13,800 respectively. The respondent was ordered to pay the applicants 40% of their costs of and incidental to the application to be taxed, excluding therefrom specific orders for costs made in the course of the proceedings.