Paramount Lawyers Pty Ltd v Maneschi (No 2)

The case involved a dispute between Paramount Lawyers Pty Ltd and Maneschi. The matter was before the Supreme Court of New South Wales. The primary issue was whether the court should amend its orders to determine the rate of interest prior to judgment at the rate set by a contract that had been breached. Another issue was whether costs should be awarded on an overall basis and whether interest should be payable on the judgment amount. Furthermore, the court needed to consider whether there should be indemnity costs and the principles applicable when amending orders where the subject matter is reserved to the parties.

The court held that the rate of interest prior to judgment should be set at the rate specified in the contract, as it was the rate agreed upon by the parties. The court also determined that costs should be awarded on an overall basis and that interest should be payable on the judgment amount. However, the court rejected the claim for indemnity costs, as the judgment was not less favourable to the offeror than the offer of compromise. The court emphasised that the principles governing the amendment of orders where the subject matter is reserved to the parties require the court to consider whether the amendment is necessary to achieve justice between the parties. In this case, the court found that the amendment was necessary to achieve justice between the parties.

The final orders of the court were that Paramount Lawyers Pty Ltd were entitled to interest on the judgment amount at the rate specified in the contract, from the date of the breach until the date of judgment. Costs were awarded on an overall basis, with each party bearing their own costs. There were no indemnity costs awarded to either party. The court also noted that the principles governing the amendment of orders where the subject matter is reserved to the parties should be considered in future cases involving similar issues.