Australia Kunqian International Energy Co Pty Ltd v Flash Lighting Company Ltd

[2020] VSCA 259

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs of appeal
4. › Costs follow the event
5. › Whether reason to depart from general principle
6. › Whether appellant's conduct at trial justified departure
1. Practice and Procedure
2. › Costs
3. › Costs of trial
4. › Remitter to Trial Division
5. › Costs to be determined by remitter judge
1. Interest
2. › Pre-judgment interest
3. › Debt or sum certain recovered
4. › Whether contractual obligation to pay undisclosed debts constituted sum certain
5. › Whether obligation had crystallised
6. › Supreme Court Act 1986 (Vic), s 58(1)
7. › Penalty Interest Rates Act 1983 (Vic), s 2
1. Interest
2. › Pre-judgment interest
3. › Rate of interest
4. › Whether good cause shown to depart from Penalty Interest Rates Act rates
5. › Whether mere differential between statutory and market rates sufficient
6. › Evidence required to support departure
7. › Supreme Court Act 1986 (Vic), s 58(1)

Quick Take

A party seeking to depart from Penalty Interest Rates Act rates under s 58(1) of the Supreme Court Act 1986 (Vic) must adduce evidence of appropriate alternative rates; the mere assertion that PIRA rates exceed market rates is insufficient. Sums payable under a contractual obligation are 'sums certain' within s 58(1) where they are capable of precise quantification by reference to books of account without requiring valuation, estimation or assessment by a court.