Stoker v Starr (No 2) [2012] NSWSC 227

Because the Court accepted the plaintiffs' updated compound interest calculation and considered it problematic to leave part of the claim unresolved after entering judgment, the judgment entered on 27 February 2012 was set aside and judgment was entered for the plaintiffs for the principal amount plus net cumulative compound interest.

Jurisdiction: Australia
Judgment Date: 01 March 2012
Procedural Posture: Procedure Finality of Judgment Amount / Consequential Orders
Outcome: Earlier judgment amount set aside and judgment for the plaintiffs in the amount of $714,255.38.
Legal Topics: ['finality of Judgment Amount' 'compound Interest' 'consequential Orders']

['civil Procedure' 'equity'] ['finality of Judgment Amount' 'compound Interest' 'consequential Orders']

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Procedural Posture

Procedure Finality of Judgment Amount / Consequential Orders

Legal Issues

1 ['Whether the judgment amount entered on 27 February 2012 should be set aside because an element of the claim for compound interest remained to be determined.' "Whether the plaintiffs' calculation of compound interest should be accepted and included in the judgment amount."]

Ratio Decidendi

Court Disposition

Earlier judgment amount set aside and judgment for the plaintiffs in the amount of $714,255.38.

Orders

['The judgment that was entered on 27 February 2012 is set aside.' 'Judgment for the plaintiffs in the amount of $714,255.38.']