Giller v Procopets (No 2)

In this case, the appellant, Giller, appealed against the decision of the respondent, Procopets, in the Supreme Court of Queensland. The primary dispute centred on the calculation of costs and interest in the context of a property adjustment, damages, and equitable compensation for breach of confidence. The appellant argued for an indemnity basis for the costs, while the respondent contested this, asserting that the successful party should bear the costs of the unsuccessful party. The matter also involved the reasonableness of refusal of settlement offers and the adverse credibility findings made against both parties.

The legal issues the court had to decide included the appropriate basis for awarding costs, whether interest should be payable on the property adjustment, damages, and equitable compensation, and whether penalty interest should apply. The court had to consider the delays caused by both parties in the proceedings and how these affected the assessment of costs and interest. The reasoning of the court was grounded in established principles of costs and interest in Australian law, with particular attention to the conduct of the parties and the principles of fairness in the allocation of costs and interest.

The court found that the unsuccessful respondent should pay the successful appellant’s costs on an indemnity basis due to the unreasonable refusal of settlement offers and the appellant's delays. It held that interest should be payable on the property adjustment and damages from the date of the original judgment until satisfaction. However, it found that penalty interest was not applicable on the damages. Regarding equitable compensation for breach of confidence, the court ruled that interest should not be payable as it was not a debt or sum of money. The court also made adverse credibility findings against both parties, which influenced the decision on costs and interest.

The final orders included that the respondent pay the appellant's costs on an indemnity basis, interest on the property adjustment and damages from the date of the original judgment until satisfaction, and no penalty interest on the damages. The court also clarified that interest was not payable on the equitable compensation for breach of confidence.