Grima v RFI (Aust) Pty Ltd [2015] NSWSC 332

Grima v RFI (Aust) Pty Ltd [2015] NSWSC 332

The plaintiff is entitled to interest on the full amount of the net judgment sum outstanding between 2 September 2013 and 19 December 2014 at the prescribed rate in accordance with Uniform Civil Procedure Rules 2005 r 36.7. The defendant's tender and plaintiff's rejection do not constitute accord and satisfaction and do not disqualify plaintiff from receiving interest. The defendant could have acted to protect itself by depositing funds with the court or in a dedicated account but did not do so.

Parties
Plaintiff: Carmel Grima; Defendant: RFI (Australia) Pty Ltd
Jurisdiction
Australia
Judgment Date
02 April 2015
Procedural Posture
Application for Post Judgment Interest / Determination of Remitted Question Following Appeal and Judgment
Outcome
Defendant to pay plaintiff post-judgment interest and costs as specified.
Legal Topics
Post Judgment Interest, Workers Compensation, Calculation of Interest, Accord and Satisfaction, Costs
Civil Procedure Personal Injury Post Judgment Interest Workers Compensation Calculation of Interest Accord and Satisfaction 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 5 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Carmel Grima

Plaintiff

RFI (Australia) Pty Ltd

Defendant

Procedural Posture

Application for Post Judgment Interest / Determination of Remitted Question Following Appeal and Judgment

Legal Issues

  1. 1 Whether plaintiff is entitled to post-judgment interest under s 101 Civil Procedure Act 2005
  2. 2 Whether tender and rejection of payment affects entitlement to interest
  3. 3 Whether accord and satisfaction applies

Ratio Decidendi

The plaintiff is entitled to interest on the full amount of the net judgment sum outstanding between 2 September 2013 and 19 December 2014 at the prescribed rate in accordance with Uniform Civil Procedure Rules 2005 r 36.7. The defendant's tender and plaintiff's rejection do not constitute accord and satisfaction and do not disqualify plaintiff from receiving interest. The defendant could have acted to protect itself by depositing funds with the court or in a dedicated account but did not do so.

Court Disposition

Defendant to pay plaintiff post-judgment interest and costs as specified.

Orders

  • Pursuant to s 101 of the Civil Procedure Act 2005, defendant to pay plaintiff interest in sum of $254,623.
  • Defendant to pay plaintiff's costs of the application for interest on a party/party basis.