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

In *Nu Line Construction Group Pty Ltd v Fowler (No 3)*, the New South Wales Court of Appeal considered an application by Nu Line Construction Group Pty Ltd (the appellant) to vary a previous judgment. The dispute concerned the recovery of pre-judgment interest on a sum awarded to the appellant.

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.