Commissioner for Fair Trading v Jonval Builders Pty Ltd (No 3) [2022] NSWSC 1641

Commissioner for Fair Trading v Jonval Builders Pty Ltd (No 3) [2022] NSWSC 1641

Post judgment interest under s 101 of the Civil Procedure Act 2005 (NSW) continued to accrue until the judgment sums were paid to the consumers, as payment into court did not constitute 'payment' to the beneficiaries. No order was made to alter this default position.

Parties
Plaintiff: Commissioner for Fair Trading; First Defendant: Jonval Builders Pty Ltd; Second Defendant: Hacienda Caravan Park Pty Ltd
Jurisdiction
Australia
Judgment Date
01 December 2022
Procedural Posture
Civil / Post Judgment Application Regarding Interest and Consequential Orders
Outcome
Orders as sought by the Commissioner made; defendants' proposals refused.
Legal Topics
Post Judgment Interest, Enforcement of Judgments, Construction of Civil Procedure Act 2005 (nsw) S 101, Stay of Orders, Payments Into Court
Civil Procedure Post Judgment Interest Enforcement of Judgments Construction of Civil Procedure Act 2005 (nsw) S 101 Stay of Orders Payments Into Court

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Parties

Commissioner for Fair Trading

Plaintiff

Jonval Builders Pty Ltd

First Defendant

Hacienda Caravan Park Pty Ltd

Second Defendant

Procedural Posture

Civil / Post Judgment Application Regarding Interest and Consequential Orders

Legal Issues

  1. 1 Does post judgment interest under s 101 of the Civil Procedure Act 2005 (NSW) continue to accrue until payment is made to non-party consumers, or does it cease upon payment into court?
  2. 2 How should 'unpaid' in s 101(1) be construed in the context of these proceedings?

Ratio Decidendi

Post judgment interest under s 101 of the Civil Procedure Act 2005 (NSW) continued to accrue until the judgment sums were paid to the consumers, as payment into court did not constitute 'payment' to the beneficiaries. No order was made to alter this default position.

Court Disposition

Orders as sought by the Commissioner made; defendants' proposals refused.

Orders

  • Declaration that the Plaintiff may disburse trust monies to specified consumers in stated amounts.
  • Order that Defendants pay Plaintiff $35,957.67 within 28 days as post judgment interest under s 101.