Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd [No 2]

The High Court of Australia considered an appeal concerning the award of interest on a judgment sum. The dispute involved Hunt & Hunt Lawyers, the cross-defendants, and Mitchell Morgan Nominees Pty Ltd, the cross-claimants. The central question was whether pre-judgment interest, pursuant to section 100 of the *Civil Procedure Act 2005* (NSW), or post-judgment interest, under section 101 of the same Act, should apply to the judgment awarded to Mitchell Morgan.

The High Court was required to determine the correct application of the *Civil Procedure Act 2005* (NSW) regarding the calculation of interest on a judgment debt. Specifically, the court had to ascertain whether the interest should accrue from the date of the cause of action or from the date of the judgment, and how the existing court orders should be interpreted in light of these provisions.

The Court reasoned that the existing orders of the Supreme Court of New South Wales, made by Young JA on 3 July 2009, needed to be clarified and amended to reflect the correct award of interest. The High Court ultimately ordered that Order 12 of the 2009 orders be amended to specify a judgment for the cross-claimants, Mitchell Morgan, against the cross-defendants, Hunt & Hunt Lawyers, in the sum of $311,870.24. This amendment implicitly addressed the application of interest by clarifying the principal sum upon which any statutory interest would accrue.