Bull v Lee (No 2)

This matter concerned an appeal before the Court of Appeal of New South Wales, presided over by Allsop P, Campbell and Young JJA. The dispute involved an appeal by the Appellants against a previous decision, and subsequent applications and submissions made by the Respondent. The Court was required to determine the effective date of its orders, the appropriate calculation of pre-judgment interest on a debt, and the costs associated with submissions made beyond the scope of granted leave.

The Court's reasoning focused on clarifying its orders and addressing the improper conduct of the Respondent's legal representatives. It was determined that pre-judgment interest on the debt should be calculated at the rate stipulated by the debt itself, and that the effective date of the judgment should be clearly defined. Crucially, the Court considered whether the Respondent's counsel should personally bear the costs of submissions made outside the scope of leave granted, and whether to grant leave for further submissions after judgment.

The Court revoked and reissued its initial orders to ensure clarity regarding the appeal's disposition. It allowed the appeal, set aside the orders of the court below, and entered judgment in favour of the Appellants for a specified amount, including interest calculated at 8.5% per annum from 1 December 2004 to 13 August 2009. The judgment was to take effect on 13 August 2009. The Respondent was ordered to pay the Appellant's costs in the court below, subject to a cap. The Respondent's application for leave to make additional submissions was refused, and the Respondent was ordered to pay the Appellant's costs concerning that application. Furthermore, counsel for the Respondent was directed to file submissions within 21 days as to why he should not personally bear the costs of certain improper written submissions and a related notice of motion.