Read the full judgment text of CACV 000252/1997 on BabelCite. This Court of Appeal judgment was delivered on 4 March 1998 before Mortimer V-P, Godfrey JA, Rogers JA.
Civil appeal – costs – interest – sub-contract for parquet flooring – substitution of materials – successful plaintiff – counterclaim successful in part – costs of action and counterclaim – conflation of costs – Gupta v Klito – interest from date of settlement – London, Chatham and Dover Railway Co v South Eastern Railway Co – appeal allowed – defendant to pay plaintiff's costs of action – plaintiff to pay 75% of defendant's costs of counterclaim – set-off – interest on judgment sum at judgment rate
Legal issues: Costs order where plaintiff succeeds on claim and defendant largely succeeds on counterclaim · Award of interest on judgment sum
Outcome: Appeal allowed in part. The defendant to pay plaintiff's costs of action; plaintiff to pay 75% of defendant's costs of counterclaim; interest awarded on $127,261.48 from 20 July 1995 to date of judgment at judgment rate.