St George v Wallis (No 2) [2001] NSWSC 51

St George v Wallis (No 2) [2001] NSWSC 51

The application to re-open was dismissed because St George had not shown a valid reason for failing to make submissions on the claimed interest date at the hearing, despite Mr and Mrs Wallis having claimed interest from a specified date. In any event, interest properly ran from 23 August 1993 because St George was not entitled to retain the money from that date, had the advantage of the money, and Mr and Mrs Wallis were deprived of it.

Jurisdiction
Australia
Judgment Date
14 February 2001
Procedural Posture
Application to Re Open Judgment in Relation to Interest / Written Submissions After Judgment of 2 February 2001
Outcome
Application dismissed with costs.
Legal Topics
['re Opening Judgment' 'finality of Litigation' 'interest on Judgment' 'section 94 Supreme Court Act 1970' 'part 40 Rule 9(1) Supreme Court Rules']
['civil Procedure' 'equity' 'commercial Law'] ['re Opening Judgment' 'finality of Litigation' 'interest on Judgment' 'section 94 Supreme Court Act 1970' 'part 40 Rule 9(1) Supreme Court Rules']

Case Brief

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Procedural Posture

Application to Re Open Judgment in Relation to Interest / Written Submissions After Judgment of 2 February 2001

Legal Issues

  1. 1 ['Whether St George should be permitted to re-open the judgment of 2 February 2001 to argue that interest should run from 7 March 1997 rather than 23 August 1993.' 'Whether there was any valid reason for St George not making submissions on interest at the hearing of the Notice of Motion.' 'Whether interest should be calculated from a different date if the judgment were re-opened.']

Ratio Decidendi

The application to re-open was dismissed because St George had not shown a valid reason for failing to make submissions on the claimed interest date at the hearing, despite Mr and Mrs Wallis having claimed interest from a specified date. In any event, interest properly ran from 23 August 1993 because St George was not entitled to retain the money from that date, had the advantage of the money, and Mr and Mrs Wallis were deprived of it.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application of St George Commercial Credit Corporation Limited to re-open the judgment of 2 February 2001 in relation to the question of interest is dismissed.' 'St George Commercial Credit Corporation Limited is to pay the costs of Mr and Mrs Wallis of the application.']