Cashmere Bay Pty Ltd v Hastings Deering (Australia) Ltd (No. 2)

In the case of Cashmere Bay Pty Ltd v Hastings Deering (Australia) Ltd (No. 2), the plaintiff sought interest on a sum of money awarded to them by a previous judgment. The defendant contested the recoverability of this interest under the applicable statutory provisions. The matter was heard in the District Court of New South Wales.

The primary legal issue before the court was whether the plaintiff was entitled to interest on the sum awarded to them from the date of the initial judgment to the date of the current judgment. The court had to interpret relevant statutory provisions concerning the recoverability of interest in such circumstances.

The court determined that the statutory provisions allowed for the recovery of interest from the date of the initial judgment up to the date of the current judgment. The court found that the statutory language was clear and unambiguous, and there was no basis to deviate from the literal interpretation. Consequently, the plaintiff was entitled to interest on the awarded sum from the date of the initial judgment to the date of the current judgment. The court ordered the defendant to pay interest in the sum of $65,046.30, along with 70 per cent of the plaintiff’s costs of and incidental to the proceeding, which were to be assessed as if the proceeding had been started in the District Court.