(re McDonald) Amaca Pty Ltd v CSR Ltd (No 2) [2007] NSWDDT 31

(re McDonald) Amaca Pty Ltd v CSR Ltd (No 2) [2007] NSWDDT 31

Interest was not reduced for delay because the general rule is to award interest unless special circumstances exist; CSR had the use of the money, Amaca was kept out of it, the interest rates were agreed, and CSR's argument that interest should cease after a particular date was rejected.

Jurisdiction
Australia
Judgment Date
11 December 2007
Procedural Posture
Cross Claim in the Dust Diseases Tribunal of New South Wales / Judgment on Disputed Interest After Judgment for the Cross Claimant
Outcome
Judgment for the cross-claimant against the seventh cross-defendant in each case, including interest.
Legal Topics
['cross Claims' 'judgment Interest' 'delay in Prosecuting Proceedings']
['dust Diseases Litigation' 'civil Procedure'] ['cross Claims' 'judgment Interest' 'delay in Prosecuting Proceedings']

Case Brief

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Procedural Posture

Cross Claim in the Dust Diseases Tribunal of New South Wales / Judgment on Disputed Interest After Judgment for the Cross Claimant

Legal Issues

  1. 1 ['Whether interest on the judgment sum should be refused or reduced because of delay in prosecuting the cross-claim.' 'Whether interest should cease after 7 May 2001 or shortly after that date.']

Ratio Decidendi

Interest was not reduced for delay because the general rule is to award interest unless special circumstances exist; CSR had the use of the money, Amaca was kept out of it, the interest rates were agreed, and CSR's argument that interest should cease after a particular date was rejected.

Court Disposition

Judgment for the cross-claimant against the seventh cross-defendant in each case, including interest.

Orders

  • ['The parties were directed to bring in short minutes after calculating the interest payable in accordance with the reasons.' 'In each case there will be judgment for the cross-claimant against the seventh cross-defendant in the sum of $129,554.08 together with interest of $148,511.30.' 'In each case orders 1 to 4...