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 appellantLegislation Cited: Civil Procedure Act 2005 (NSW), s 100
Limitation Act 1969 (NSW), s 14Cases Cited: Nu Line Construction Group Pty Ltd v Fowler [2014] NSWCA 51
Nu Line Construction Group Pty Ltd v Fowler (No 2) [2014] NSWCA 188Category: 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
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.
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.
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,…
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- Case
- [2014] NSWCA 229
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court of Appeal was whether the judgment sum previously ordered should be varied to include pre-judgment interest. Specifically, the court had to determine the date from which such interest should be calculated, in accordance with section 100(1)(b) of the *Civil Procedure Act 2005* (NSW), which addresses the recovery of interest.
The Court of Appeal reasoned that the original judgment had failed to account for pre-judgment interest on the money recovered by the appellant. Applying the principles of section 100(1)(b) of the *Civil Procedure Act 2005* (NSW), which allows for interest to be awarded from the date the cause of action arose, the court found it appropriate to vary the earlier order.
Consequently, the Court of Appeal varied order (2) made on 17 March 2014, with effect from that date, to provide judgment for the appellant against the respondents in the sum of $251,162, thereby incorporating the pre-judgment interest.
Orders
Orders of the court
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.]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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