Ostrovsky v Burton [2009] NSWSC 1035

Ostrovsky v Burton [2009] NSWSC 1035

Because the principal judgment had found the plaintiff entitled to interest on $250,000 from 28 July 1999 to the date of judgment, and the Schedule 5 UCPR calculation produced interest of $242,868.74, the final judgment sum was the $250,000 half share, $242,868.74 interest, and $5,788 receiver's fees, totalling $498,656.74.

Jurisdiction
Australia
Judgment Date
01 October 2009
Procedural Posture
Consequential Orders in Equity Division Proceedings / Calculation of Interest and Entry of Judgment Following Principal Judgment
Outcome
Judgment for the plaintiff in the sum of $498,656.74.
Legal Topics
['interest Up to Judgment' 'equitable Relief or Fiduciary Relationship' 'consequential Orders' 'costs']
['equity' 'civil Procedure'] ['interest Up to Judgment' 'equitable Relief or Fiduciary Relationship' 'consequential Orders' 'costs']

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 in Equity Division Proceedings / Calculation of Interest and Entry of Judgment Following Principal Judgment

Legal Issues

  1. 1 ['Whether the receiver had been paid.' 'What amount of interest should be included in the final judgment sum.' 'What final judgment sum should be entered for the plaintiff.']

Ratio Decidendi

Because the principal judgment had found the plaintiff entitled to interest on $250,000 from 28 July 1999 to the date of judgment, and the Schedule 5 UCPR calculation produced interest of $242,868.74, the final judgment sum was the $250,000 half share, $242,868.74 interest, and $5,788 receiver's fees, totalling $498,656.74.

Court Disposition

Judgment for the plaintiff in the sum of $498,656.74.

Orders

  • ['Judgment for the plaintiff in the sum of $498,656.74.' "The defendant pay the plaintiff's costs of these proceedings on an indemnity basis from 27 August 2007, extending to costs incurred up to 1 October 2009."]