Krajovska v Krajovska

In the matter of Krajovska v Krajovska, the Family Court of Australia was presented with a dispute concerning interest payable on a judgment debt from the date the family relationship broke down. The case involved the husband and wife, both of whom were represented in the proceedings. The primary contention was whether interest should accrue from the date of the relationship breakdown and whether any delay in notifying the defendants of the claims prejudiced them.

The court needed to determine if the interest on the judgment debt should commence from the date the family relationship deteriorated. Additionally, it had to consider whether the delay in giving notice of the claims to the defendants had caused them any prejudice, as this could affect the interest calculation. The case also involved an assessment of costs, specifically whether the order for costs against the defendants, who had jointly defended the proceedings, should be joint and several.

The court ruled that the interest on the judgment debt would indeed run from the date the family relationship broke down, as there was no evidence of prejudice to the defendants resulting from the delay in notifying them of the claims. Furthermore, the court determined that the order for costs against the defendants, who had advanced a joint defence, should be joint and several. This means that each defendant would be liable for the entire amount of the costs, but they could seek contribution from each other.