Taylor v Company Solutions (Aust) Pty Ltd

The case of Taylor v Company Solutions (Aust) Pty Ltd involved an action for damages for personal injuries that was compromised. The issue before the court was the calculation of interest on the compromise sum, specifically from the time it should commence. The second and third defendants were required to pay the compromise sum within 21 days of the date of the hearing and determination of the application or of the defendants’ receipt of the last of any statutory clearances or charges, whichever was the later. The second defendant's solicitors were notified of the last of the statutory charges referable to the claim on 19 January 2012, but there were delays in notification. The court was required to determine whether interest was payable by the second and third defendants pursuant to s 48 of the Supreme Court Act 1995 (Qld), given that no agreement had been made between the parties regarding interest.

The court considered the terms of the compromise and the statutory provisions governing interest on judgments. It was noted that the compromise sum was to be paid within a specified period, and the court's order set a deadline for payment. The court examined the notification of statutory charges and the delays involved, ultimately concluding that the interest should commence from the date on which the second defendant's solicitors were notified of the last statutory charge. As no agreement had been made regarding interest, the court applied the statutory provisions to determine the rate and period for which interest was payable.

Following the reasoning above, the court determined that interest was payable by the second and third defendants from the date of notification of the last statutory charge. The court applied s 48 of the Supreme Court Act 1995 (Qld) to set the rate and period for interest, providing clarity on the financial obligations of the defendants. The court made an order in terms of paragraphs 1 and 2 of the draft order, detailing the interest to be paid and the specific dates from which it would commence.