Singh v Lugondela (Costs)

In this case, the plaintiff, Singh, sued the defendant, Lugondela, for breach of a contract of sale of land. The case was heard in the County Court of Victoria. The plaintiff sought recovery of damages for breach of contract. The primary legal issue before the court was whether the recovery of damages of less than $100,000 for breach of a contract of sale of land should be subject to an 'otherwise order' under rule 63.24 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic). The court also considered whether good cause was shown for the purposes of the calculation of interest under section 60 of the Supreme Court Act 1986 (Vic).

The court found that the recovery of damages of less than $100,000 for breach of a contract of sale of land was not subject to an 'otherwise order' under rule 63.24 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic). The court held that the phrase "any other order" in rule 63.24 referred to orders that were not covered by the rules and that the recovery of damages for breach of contract was not such an order. The court also found that the plaintiff had not shown good cause for the purposes of the calculation of interest under section 60 of the Supreme Court Act 1986 (Vic). The court held that the plaintiff had failed to establish any special circumstances that would justify a deviation from the statutory interest rate.

The court ordered that the defendant pay the plaintiff the sum of $17,645.85, together with interest at the statutory rate from 14 November 2018 until the date of judgment. The court also ordered that the defendant pay the plaintiff's costs of the proceeding in the County Court fixed by the Registrar.