Cameron v McMahon & Anor (No 2)

The case of Cameron v McMahon & Anor (No 2) involved a dispute between the parties regarding the amount of interest to be paid on a judgment for damages. The matter was heard in the Supreme Court of Victoria. The primary focus of the case was on section 60 of the Supreme Court Act 1986, which provides that interest on a judgment for damages is payable from the date of the judgment until the date of satisfaction. The court had to determine whether good cause had been shown to deviate from this general rule.

The key legal issue before the court was whether the respondent had demonstrated good cause for the trial judge to order that interest on the judgment for damages was not payable from the date of the judgment. The appellant argued that the trial judge had erred in failing to apply the statutory interest rate provided for in section 60 of the Supreme Court Act 1986. The respondent contended that the trial judge had appropriately exercised his discretion in not awarding interest from the date of the judgment.

The court examined the principles applicable to the assessment of interest on judgments for damages, including the role of good cause in deviating from the statutory interest rate. The court found that the trial judge had not erred in concluding that good cause had been shown to not award interest from the date of the judgment. The respondent had demonstrated that the appellant had not suffered any loss as a result of the delay in payment, and therefore, there was no need to award interest from the date of the judgment. The court upheld the trial judge’s decision, and the appeal was dismissed.

No further orders were made by the court. The decision of the Supreme Court of Victoria in Cameron v McMahon & Anor (No 2) provides guidance on the application of section 60 of the Supreme Court Act 1986 and the principles to be considered when determining whether good cause exists to deviate from the statutory interest rate.