Despot v Registrar-General of NSW (No 2)

In *Despot v Registrar-General of NSW (No 2)*, the New South Wales Court of Appeal considered an application to amend a previous order concerning the calculation of pre-judgment interest. The dispute arose from a judgment entered against a party named Stelli, and the appellant sought to clarify the date from which pre-judgment interest was to be calculated.

The primary legal issue before the Court of Appeal was whether to amend the existing judgment to specify the precise sum of pre-judgment interest and the effective date of the judgment. This involved determining the correct application of rules regarding the entry and variation of judgments, particularly concerning the calculation of interest on a sum awarded.

The Court reasoned that the original order, while awarding a sum of money and pre-judgment interest, lacked clarity regarding the effective date of the judgment for the purpose of interest calculation. Applying principles of clarity and certainty in court orders, the Court determined it was appropriate to amend the order to reflect the specific amount of pre-judgment interest and to set a clear commencement date for that interest. The Court noted that this was not a question of principle but rather a matter of rectifying an omission for the purpose of clarity.

Consequently, the Court ordered that the previous order be amended to state that judgment was entered for the appellant against Stelli for the sum of $91,086, plus pre-judgment interest of $23,148, with that judgment to take effect on 15 April 2011.