Weller v Smith (No.2)

In *Weller v Smith (No.2)*, Judge Jarrett of the Federal Circuit Court of Australia considered the entitlement to pre-judgment interest on an award of additional damages. The applicants had been awarded $20,000 in additional damages, and the court was required to determine whether interest should accrue on this sum from the commencement of proceedings to judgment.

The central legal issue was the application of section 76(5) of the *Federal Circuit Court of Australia Act*. This provision restricts the award of pre-judgment interest where the judgment sum includes amounts for compensation for liabilities not carrying interest, future loss or damage, or exemplary or punitive damages. The court had to ascertain if the $20,000 awarded as additional damages fell within any of these excluded categories, specifically whether it constituted exemplary or punitive damages.

Judge Jarrett noted that no submissions had been made regarding the nature of the additional damages. After conducting research, the judge found no precedent for awarding interest on additional damages assessed under the *Copyright Act 1968*. Consequently, the court declined to award pre-judgment interest on the $20,000. However, interest was awarded on a sum of $7,350.00 at specified rates from the commencement of proceedings to judgment, totalling $869.72. Post-judgment interest was to accrue on the entire outstanding judgment sum thereafter.