Togher & Anor v Alexander & Ors (No.3) [2019] NSWDC 280

Togher & Anor v Alexander & Ors (No.3) [2019] NSWDC 280

Mr Alexander is entitled to a monetary judgment and pre-judgment interest, pursuant to s 100 of the Civil Procedure Act 2005 (NSW). The objections to interest raised by cross-defendants are rejected, and the quantum of interest is fixed as claimed by the claimant for the relevant period. No costs are awarded as claimant appeared in person.

Jurisdiction
Australia
Judgment Date
24 June 2019
Procedural Posture
Cross Claim / Consequential Orders After Judgment
Outcome
Judgment for cross-claimant on first cross-claim, second cross-claim dismissed
Legal Topics
['pre Judgment Interest' 'post Judgment Interest' 'costs' 'calculation of Interest' 'judgments and Orders']
['civil Procedure'] ['pre Judgment Interest' 'post Judgment Interest' 'costs' 'calculation of Interest' 'judgments and Orders']

Case Brief

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Procedural Posture

Cross Claim / Consequential Orders After Judgment

Legal Issues

  1. 1 ['Whether Mr Alexander is entitled to pre-judgment and post-judgment interest' 'Quantum of interest to be awarded' 'Entitlement to costs']

Ratio Decidendi

Mr Alexander is entitled to a monetary judgment and pre-judgment interest, pursuant to s 100 of the Civil Procedure Act 2005 (NSW). The objections to interest raised by cross-defendants are rejected, and the quantum of interest is fixed as claimed by the claimant for the relevant period. No costs are awarded as claimant appeared in person.

Court Disposition

Judgment for cross-claimant on first cross-claim, second cross-claim dismissed

Orders

  • ['Judgment for Mr Alexander on first cross-claim for $86,671.90' 'Second cross-claim dismissed' 'Exhibits to be returned within 28 days']