Read the full judgment text of HCCT000013/1989 on BabelCite. This HIGH COURT judgment was delivered on 7 January 1992 before The Hon. Mr. Justice Kaplan.
Costs — Payment into court — Allocation of costs before and after payment — Backcharges as set-off — Late pleading of backcharges bundle — Interest on judgment sum — The plaintiff (Grand Choice) succeeded in claim against defendant (Dillingham) with judgment for $498,765.39 plus interest. Defendant paid $1 million into court on 4 April 1990, topped up by $300,000 later. Plaintiff argued costs should all be awarded to them; defendant argued otherwise due to backcharges not pleaded timely. Court found plaintiff was aware of backcharges and conceded credit was due, so normal cost consequences of failure to beat payment into court apply. Costs awarded to plaintiff up to 4 April 1990 and to defendant thereafter. Payment out orders made accordingly. No costs order for hearings on 11 and 18 December 1991.
Legal issues: Costs allocation after payment into court · Order for payment out of funds in court
Outcome: Judgment for plaintiff in sum of $498,765.39 plus interest; costs awarded to plaintiff up to 4 April 1990 and to defendant thereafter.