Cureton v Blackshaw Services Pty Ltd

The appeal in *Cureton v Blackshaw Services Pty Ltd* concerned a dispute between the appellant and the respondent, heard by the New South Wales Court of Appeal. The core of the disagreement revolved around the trial judge's decision to limit further cross-examination of a witness concerning their credit, and the subsequent determination of interest on a judgment.

The Court of Appeal was required to consider two primary legal issues. Firstly, whether the trial judge erred in refusing to permit further cross-examination of a witness on matters affecting their credit, particularly in light of section 128 of the *Evidence Act 1995* (NSW). Secondly, the Court had to determine the appropriate method for calculating compound interest, specifically whether quarterly rests were permissible under Schedule J of the *Supreme Court Rules 1970* (NSW) and what commercial rates of interest should apply.

In addressing the cross-examination issue, the Court of Appeal found that the trial judge had not erred in limiting the scope of questioning. The refusal was deemed appropriate as the proposed lines of questioning were unlikely to elicit evidence that would significantly impact the witness's credit. Regarding the interest calculation, the Court determined that the trial judge had correctly applied the principles for awarding compound interest, including the use of quarterly rests, and had set a commercially appropriate interest rate.

The appeal was ultimately dismissed. The Court ordered that the appellant was to prepare and serve proposed short minutes of order reflecting the Court's reasons by 5 July 2002. If these were not agreed, the respondent was to file and serve their proposed minutes by 10 July 2002. The appeal was then listed for mention before Sheller JA on 12 July 2002 for the final making of orders. Liberty was granted to the parties to apply in Chambers if agreement was reached before that date.