Leonardi v Payne

Leonardi v Payne involved a dispute regarding the recoverability of interest on unascertained costs following a consent order. The case was heard in the District Court of Queensland. The plaintiff argued that interest should accrue from the date the court made the order, while the defendant contended that interest should only be payable from the date the costs were ascertained. The primary legal issue was the date from which interest on unascertained costs should accrue under Queensland law. The court had to determine whether the repealed Supreme Court Act 1995 (Qld), the Civil Proceedings Act 2011 (Qld), or another provision applied to the situation. The court examined the relevant statutory provisions and the legislative intent behind them. It concluded that the repealed Supreme Court Act 1995 applied to the matter, as it was in force at the time of the consent order. The court held that interest should accrue from the date of the original order, as per the terms of the repealed act. This decision was based on the principle that the right to interest accrues from the date the underlying obligation arises, which in this case was the date of the consent order. Consequently, the court ordered the defendant to pay interest on the unascertained costs from the date of the original order.