Maestrale v Aspite (No 2)

In *Maestrale v Aspite (No 2)*, the New South Wales Court of Appeal considered an appeal concerning the calculation of pre-judgment and post-judgment interest. The dispute arose from an earlier award of damages, which the Court of Appeal was varying.

The primary legal issues before the Court of Appeal were the date from which pre-judgment interest should be calculated under section 100(1) of the *Civil Procedure Act 2005*, and the date to which post-judgment interest should run under section 101 of the same Act.

The Court of Appeal varied the original order regarding damages, setting aside the initial award and substituting it with a new sum of $273,298.00. In relation to pre-judgment interest, the Court ordered payment of $120,631.12, effectively determining the commencement date for this interest calculation. For post-judgment interest, the Court made a conditional order: if the full judgment sum was paid within 28 days, a specific amount of $15,358.26 was to be paid; otherwise, post-judgment interest would accrue on the unpaid balance in accordance with section 101 of the *Civil Procedure Act 2005*. The appellant was ordered to pay the respondents' costs of the further submissions on the calculation of interest.