Esanda Finance Co Ltd v Strong (No 2)

[2011] QDC 167

[2011] QDC 167

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 1967 of 2010

ESANDA FINANCE CORPORATION LIMITED	Plaintiff
and
STRONG & ANOR	Defendant

BRISBANE

..DATE 03/08/2011

ORDER

CATCHWORDS

Uniform Civil Procedure Rules r 660
Order made fixing date when a judgement takes effect to ensure that plaintiff does not lose interest
HIS HONOUR:  This is ESANDA Finance Corporation Limited &
Strong & Another, 1967 of 2010.

On 12 July the Court indicated that it would make certain
orders in favour of the plaintiff on its application for
summary judgment. See [2011] QDC 151. It was not possible on that date for the Court to be satisfied as to the appropriate interest calculation.

In the interim, the plaintiff’s officer, Mr Parker, who gave oral evidence which confirmed that the situation was confusing, has produced an affidavit resolving that confusion.

The defendants have had, but done nothing pursuant to an
opportunity to challenge the plaintiff’s revised interest
calculation.

In the circumstances, it's appropriate now to make an order in
terms of the draft proffered by the plaintiff which I will now
initial.

The Court's order is in terms of the initialled draft.

Given that it's now 3 August, the delay being attributable to
the absence from the jurisdiction of my usual associate, it's
appropriate to include in the order pursuant to Rule 660 that
the judgment takes effect from the 12 July 2011, otherwise the
plaintiff may suffer an unwarranted loss of interest.

Order as per initialled draft.

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