Mayo v W and K Holdings (NSW) Pty Ltd (in liq) (No 3)

The appeal concerned the award of prejudgment interest in proceedings between the appellant, Mayo, and the respondents, W and K Holdings (NSW) Pty Ltd (in liq). The matter came before the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the appellant was entitled to prejudgment interest on a sum awarded as part of the judgment.

The Court of Appeal determined that the appellant was entitled to prejudgment interest. The Court reasoned that the sum awarded, $5,412.36, represented a debt that had been outstanding and unpaid for a period. In accordance with established principles regarding the award of interest on debts, the Court found that it was appropriate to grant interest to compensate the appellant for the loss of use of that money. The Court ordered that judgment be entered for the appellant against the respondents in the sum of $5,412.36, and that this judgment would take effect from 8 May 2015, in addition to any other orders made on that date.