Maestrale v Aspite (No 2) [2014] NSWCA 302

Maestrale v Aspite (No 2) [2014] NSWCA 302

Pre-judgment interest was to run from 8 November 2007 because the appellant's financial loss only crystallised when he paid his sisters their entitlements and drew down on the loan; before that date he had full use of the money he did not have to pay to other beneficiaries. Post-judgment interest was limited to the period ending 20 June 2014 if all monies owing were paid within 28 days because the later delay was caused by the parties' dispute over pre-judgment interest, arising from the appellant's late changed position, which was resolved in favour of the respondents.

Jurisdiction
Australia
Judgment Date
03 September 2014
Procedural Posture
Consequential Orders on Appeal Concerning Calculation of Pre Judgment and Post Judgment Interest / On the Papers After Principal Judgment in Maestrale V Aspite [2014] NSWCA 182
Outcome
Order varied to specify damages, pre-judgment interest and post-judgment interest; respondents ordered to pay the appellant; appellant ordered to pay respondents' costs of further submissions on interest.
Legal Topics
['pre Judgment Interest' 'post Judgment Interest' 'calculation of Interest' 'date From Which Interest Runs' 'admission of Further Evidence on Appeal']
['civil Procedure' 'interest' 'negligence Damages'] ['pre Judgment Interest' 'post Judgment Interest' 'calculation of Interest' 'date From Which Interest Runs' 'admission of Further Evidence on Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Consequential Orders on Appeal Concerning Calculation of Pre Judgment and Post Judgment Interest / On the Papers After Principal Judgment in Maestrale V Aspite [2014] NSWCA 182

Legal Issues

  1. 1 ['Whether pre-judgment interest should run from 15 November 2002 or 8 November 2007.' 'Whether the Court should receive further affidavit evidence concerning when probate would have been granted.' 'Whether post-judgment interest should run only to 20 June 2014 if the respondents pay all monies owing within 28 days.' 'What consequential orders should be made as to interest and costs.']

Ratio Decidendi

Pre-judgment interest was to run from 8 November 2007 because the appellant's financial loss only crystallised when he paid his sisters their entitlements and drew down on the loan; before that date he had full use of the money he did not have to pay to other beneficiaries. Post-judgment interest was limited to the period ending 20 June 2014 if all monies owing were paid within 28 days because the later delay was caused by the parties' dispute over pre-judgment interest, arising from the appellant's late changed position, which was resolved in favour of the respondents.

Court Disposition

Order varied to specify damages, pre-judgment interest and post-judgment interest; respondents ordered to pay the appellant; appellant ordered to pay respondents' costs of further submissions on interest.

Orders

  • ['Vary order (2) made on 6 June 2014, with effect from that date, to read: Set aside the award of damages made by her Honour and in lieu thereof order that the respondents pay to the appellant damages in the sum of $273,298.00 together with pre-judgment interest in the sum of $120,631.12, so that the judgment sum...