Callan v Chawk

1. Orders 2 and 3 of the orders made on 3 August 2023 be vacated.
2. The respondent is to pay pre-judgment interest on the award of damages in accordance with s 51A of the Federal Court of Australia Act 1976 (Cth) and in accordance with paragraph 2 of the Federal Court of Australia Interest on Judgments Practice Note (GPT-INT) for the period from 16 October 2020 to 3 August 2023 in the sum of $6,873.78.
3. Pursuant to r 25.14 and r 40.02(b) of the Federal Court Rules 2011 (Cth), the respondent is to pay the applicant's costs on an ordinary basis up to 11.00 am on 6 October 2022 and thereafter on an indemnity basis, in lump sum amounts to be determined by a Registrar of this Court.
4. The applicant, as the costs applicant, is to file and serve a costs summary no longer than 5 pages, together with any documents that the applicant wishes to serve with that costs summary by 4.00 pm on Monday, 23 October 2023.
5. The respondent, as the costs respondent, is to file and serve a costs response no longer than 5 pages, together with any documents that the respondent wishes to serve with that costs response by 4.00 pm on Monday, 6 November 2023. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

A. Introduction 1 On 3 August 2023, I gave judgment for the applicant, Dr Peter Callan, in the sum of $50,000, plus interest and delivered reasons for judgment: Callan v Chawk [2023] FCA 898 (Judgment or J). I also made orders that the respondent, Zachariah Chawk, pay Dr Callan's costs as agreed or taxed (Costs Order) and that Mr Chawk pay pre-judgment interest for the period from the start of the limitation period until the date the orders were made (Interest Order). 2 Dr Callan now seeks a variation to the Costs Order to provide that (a) Mr Chawk pay his costs on an indemnity basis from three alternative dates on a lump sum basis, and (b) a revised interest order that provides that pre-judgment interest for the period from 16 October 2020 up to 3 August 2023 be fixed in the amount of $6,873.78 (Costs Application). 3 Mr Chawk opposes any order that he pay costs on an indemnity basis or that costs be determined on a lump sum basis. Mr Chawk also seeks a stay of any costs order pending the final determination of the appeal that he has filed from the Judgment. 4 At a case management hearing held on 8 September 2023, after the exchange of submissions as to costs, the parties agreed that the Costs Application should be determined on the papers. In the course of the case management hearing, the parties also made oral submissions addressing a stay application made by Mr Chawk and the lump sum orders sought by Dr Callan. 5 I note that the submissions of Dr Callan were supported by an affidavit of Bronte Callaghan, a solicitor employed by Company Giles, the solicitors for Dr Callan, sworn on 15 August 2023. 6 For the reasons that follow, I have determined that: (a) Mr Chawk should pay Dr Callan's costs on the ordinary basis up to 11.00 am on 6 October 2022 and, thereafter, on an indemnity basis (Revised Costs Order); (b) Dr Callan's costs should be determined on a lump sum basis; (c) an order should be made fixing Dr Callan's entitlement to pre-judgment interest in the amount of $6,873.78 (Revised Interest Order); and (d) there should be no stay of the Revised Costs Order. 7 These reasons for judgment assume a familiarity with the Judgment and they should be read in context with it.