Lorebray Pty Ltd v Liddy (No 3)

Lorebray Pty Ltd filed an application against Liddy, seeking to amend, vary, and set aside a principal judgment previously obtained. The dispute concerns a judgment debt owed by Liddy to Lorebray Pty Ltd, and the application is made under rule 36.16 of the Uniform Civil Procedure Act 2005 (NSW). The primary issue before the court was whether it had the jurisdiction to entertain the application and whether the power should be exercised to vary the principal judgment to include an order for pre-judgment interest.

The court considered the statutory framework and relevant case law to determine the scope of its jurisdiction under rule 36.16. The court noted that while the power to vary a judgment is broad, it is not unlimited and must be exercised judiciously. The court further examined the principles governing pre-judgment interest and whether it was appropriate to include such an interest in the principal judgment. The court held that the application was within its jurisdiction and that the power should indeed be exercised to vary the principal judgment to include an order for pre-judgment interest. This decision was grounded on the principle that justice should be done between the parties and that the inclusion of pre-judgment interest was a fair and equitable outcome.

The court ordered that the principal judgment be varied to include pre-judgment interest from the date of the original judgment to the date of the variation. The court specified the rate of interest and the method for calculating it, ensuring that the interest would accrue in accordance with established legal principles. This decision provides clarity on the application of rule 36.16 and the circumstances under which pre-judgment interest may be included in a principal judgment.