NAJDOVSKI v CRNOJLOVIC (NO. 2) [2008] NSWCA 281

NAJDOVSKI v CRNOJLOVIC (NO. 2) [2008] NSWCA 281

The appellant was entitled to pre-judgment interest because the damages awarded without interest were 66.7% higher than the respondent's $500,000 offer, the information before the Court did not materially differ from that available to the respondent when the offer was made, and even allowing for a possible contributory negligence finding the offer was unreasonable. The pleaded claim included interest and, because no final judgment had yet been entered by the Court of Appeal, the appellant could pursue interest after the appeal judgment. Post-judgment interest was not to be included in the judgment sum but would be payable under s 101 of the Civil Procedure Act 2005 (NSW) on outstanding...

Jurisdiction
Australia
Judgment Date
30 October 2008
Procedural Posture
Consequential Orders in Motor Accident Damages Appeal / Court of Appeal Determining the Amount of the Substituted Judgment and Interest After Reasons Delivered on 1 August 2008
Outcome
Appeal consequential orders made; substituted judgment entered for the appellant in the amount of $842,493, taking effect from 9 June 2006.
Legal Topics
['pre Judgment Interest' 'post Judgment Interest' 'motor Accident Damages' 'settlement Offers' 'contributory Negligence' 'substituted Judgment on Appeal']
['motor Accidents' 'civil Procedure' 'damages' 'statutory Interpretation'] ['pre Judgment Interest' 'post Judgment Interest' 'motor Accident Damages' 'settlement Offers' 'contributory Negligence' 'substituted Judgment on Appeal']

Case Brief

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Procedural Posture

Consequential Orders in Motor Accident Damages Appeal / Court of Appeal Determining the Amount of the Substituted Judgment and Interest After Reasons Delivered on 1 August 2008

Legal Issues

  1. 1 ["Whether s 137 of the Motor Accidents Compensation Act 1999 (NSW) limits or replaces the appellant's entitlement to pre-judgment interest under s 100 of the Civil Procedure Act 2005 (NSW)." "Whether the respondent's settlement offer of $500,000 was unreasonable having regard to the information available when it was made, where the damages awarded without interest were more than 20% higher than the offer." 'Whether the respondent could resist pre-judgment interest because no claim for pre-judgment interest had been pursued at trial.' 'Whether post-judgment interest should be included in the substituted judgment amount.']

Ratio Decidendi

The appellant was entitled to pre-judgment interest because the damages awarded without interest were 66.7% higher than the respondent's $500,000 offer, the information before the Court did not materially differ from that available to the respondent when the offer was made, and even allowing for a possible contributory negligence finding the offer was unreasonable. The pleaded claim included interest and, because no final judgment had yet been entered by the Court of Appeal, the appellant could pursue interest after the appeal judgment. Post-judgment interest was not to be included in the judgment sum but would be payable under s 101 of the Civil Procedure Act 2005 (NSW) on outstanding...

Court Disposition

Appeal consequential orders made; substituted judgment entered for the appellant in the amount of $842,493, taking effect from 9 June 2006.

Orders

  • ['In addition to orders (1) and (3) made on 1 August 2008, the Court orders:' '(1A) In lieu of the judgment given on 9 June 2006 in the District Court:' '(a) give judgment for the appellant in the amount of $842,493;' '(b) direct that the judgment take effect from the date of judgment at trial, namely 9 June 2006.']