Wan v Ji (No 2)

The respondents, Wan and Wan, sought an assessment of interest on damages awarded in an earlier judgment. The matter was heard in the Supreme Court of Western Australia. The primary dispute concerned the calculation of interest on the damages awarded to the respondents, which was a sum of $50,000 plus interest. The appellant, Ji, argued that the interest should be calculated at a rate of 8.75% per annum, while the respondents contended for a higher rate.

The central legal issue before the court was the appropriate rate at which interest should be calculated on the damages awarded. The respondents argued that the interest should be calculated at the rate prescribed by the Interest on Judgment Debts Act 1991 (WA), which was 9.5% per annum. The appellant contended that the interest should be calculated at the rate of 8.75% per annum, as this was the rate applicable under the applicable statutory provisions at the time of the original judgment. The court needed to determine the correct rate of interest to be applied to the damages awarded.

The court held that the applicable statutory provisions were those in force at the time of the original judgment. Given that the original judgment was made before the commencement of the amended Interest on Judgment Debts Act 1991 (WA), the court determined that the correct rate of interest was 8.75% per annum. The court rejected the respondents' argument that the higher rate of 9.5% should apply, as it was not in force at the time of the original judgment. The court accordingly assessed the interest on the damages awarded at the rate of 8.75% per annum.

The court ordered that interest be paid on the damages awarded at the rate of 8.75% per annum from the date of the original judgment until the date of satisfaction of the judgment. The appellant was also ordered to pay the respondents' costs of the appeal.