Nu Line Construction Group Pty Ltd v Fowler (No 3)

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Nu Line Construction Group Pty Ltd v Fowler (No 3) [2014] NSWCA 229

Hearing dates:

On the papers

Decision date:

17 July 2014

Before:

Basten JA at [1];
Barrett JA at [14];
Young AJA at [15]

Decision:

Vary order (2) made on 17 March 2014, with effect from that date, to read:

Give judgment for the appellant against the respondents in the sum of $251,162.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

INTEREST - recoverability of interest - pre-judgment interest - calculation of interest - date from which interest ran - date when cause of action arose - Civil Procedure Act 2005 (NSW), s 100(1)(b)

PRACTICE AND PROCEDURE - variation of orders - judgment sum failed to include judgment interest - variation to judgment sum to account for interest on money recovered by appellant

Legislation Cited:

Civil Procedure Act 2005 (NSW), s 100
Limitation Act 1969 (NSW), s 14

Cases Cited:

Nu Line Construction Group Pty Ltd v Fowler [2014] NSWCA 51
Nu Line Construction Group Pty Ltd v Fowler (No 2) [2014] NSWCA 188

Category:

Consequential orders

Parties:

Nu Line Construction Group Pty Ltd (Appellant)
Peter Fowler (First Respondent)
Gabriella Grippaudo (Second Respondent)

Representation:

Counsel:
Mr T S Hale SC/Mr B R Kremer (Appellant)
Mr H W M Stitt (Respondents)
Solicitors:
Diamond Conway (Appellant)
Hunter Lawyers (Respondents)

File Number(s):

CA 2012/203010

 Decision under appeal 

Jurisdiction:

9111

Citation:

[2012] NSWSC 587; [2012] NSWSC 816

Before:

Ward J

File Number(s):

2008/280834

Judgment

1. BASTEN JA: The principal judgment in this matter was delivered on 17 March 2014: Nu Line Construction Group Pty Ltd v Fowler [2014] NSWCA 51. A second judgment, delivered on 12 June 2014 dealt with certain consequential matters, including costs: Nu Line Construction Group Pty Ltd v Fowler (No 2) [2014] NSWCA 188. Through an oversight on the part of the Court, one other significant issue, not resolved by agreement, remained outstanding, namely the calculation of interest on the moneys recovered by the appellant from the respondents.

1. There was one other minor matter, which could have been addressed by a consent variation to the amount of the judgment the subject of order (2) made on 17 March 2014, but which flows into the calculation of interest. Thus, the appellant accepted that the judgment in its favour stated a principal sum which was $6 in excess of the correct calculation. That correction should be made.

1. The calculation of interest requires identification of four elements, namely (a) the capital sum or sums; (b) the rate of interest; (c) the date from which interest runs,…