Profilio v Coogee Bay Village Pty Ltd (No. 4)

The case before the court involved the applicant, Profilio, and the respondent, Coogee Bay Village Pty Ltd. The dispute centred on a retail lease agreement, with the applicant seeking interest and costs related to the lease. The matter was heard in the Supreme Court of New South Wales.

The primary legal issues before the court were the calculation of interest on the damages awarded to the applicant and the allocation of costs associated with the proceedings. The applicant sought interest on the damages awarded by the Tribunal from the date of the Tribunal's decision until the date of the court's decision. Additionally, the applicant requested that the respondent bear 75% of the costs of the proceedings.

The court considered the appropriate rate of interest to be applied to the damages awarded by the Tribunal, which was set at 7.5% per annum. The court also noted the importance of costs orders reflecting the outcome of the proceedings and the relative success of the parties. The court found that the applicant had been successful on the main issues and ordered the respondent to pay 75% of the applicant's costs.

In its decision, the court ordered the respondent to pay the applicant $29,808 as interest on the damages awarded by the Tribunal. The court also ordered the respondent to pay 75% of the applicant's costs of the proceedings, as agreed or assessed on a party-party basis.