Poniatowska v Channel Seven Sydney Pty Ltd (No 3)

In this matter before the Supreme Court of South Australia, Ms Poniatowska sought orders for pre-judgment interest on a damages award and interest on any costs awarded in her favour. The dispute arose from a defamation claim brought by Ms Poniatowska against Channel Seven Sydney Pty Ltd.

The court was required to determine the appropriate period for the calculation of pre-judgment interest, given that Ms Poniatowska's claim was not a liquidated one. Additionally, the court needed to ascertain the correct interest rate to be applied to the damages awarded for economic loss, considering the provisions of section 30C of the Supreme Court Act 1935 (SA) and supplementary rule 208 of the Supreme Court Civil Supplementary Rules 2014 (SA).

The court reasoned that section 30C of the Supreme Court Act 1935 (SA) mandates the award of pre-judgment interest unless good cause is shown to the contrary. While the Act grants discretion regarding the calculation period and rate, it was agreed that the relevant period for interest should commence from the date of first publication of the libel, 26 October 2011, and conclude on the date of judgment. Regarding the interest rate for economic loss, the court noted that supplementary rule 208 provides a guideline, suggesting the Reserve Bank of Australia cash rate plus 4%, but emphasised that the ultimate determination of the rate remains within the court's discretion for each case.