Lahoud v Lahoud

The appeal concerned a dispute between Joseph Lahoud and Victor Lahoud regarding moneys payable under a joint venture contract, as determined by an auditor's report. The proceedings were before the Court of Appeal of New South Wales.

The primary legal issue before the court was the date from which pre-judgment interest should be awarded, pursuant to section 100(1) of the Civil Procedure Act. Specifically, the court had to determine whether a cause of action for the moneys payable under the contract arose before or after the auditor's report was finalised.

The court reasoned that no cause of action existed until the auditor's report was issued, as the contract stipulated that the moneys payable were to be determined by that report. Therefore, pre-judgment interest was ordered to run from the date of the auditor's report. The appeal was allowed in part, with the order for pre-judgment interest being varied to reflect this commencement date. The court also remitted questions relating to the costs of certain proceedings.