Bird v Bird (No 2) [2013] NSWCA 380

Bird v Bird (No 2) [2013] NSWCA 380

The Court varied the order as to judgment amount due to a clear factual misapprehension not attributable to the parties, leaving other aspects unchanged, and dismissed applications to vary costs as not justified. Interest is awarded from 2 December 2000, and no adjustment for delay is warranted.

Jurisdiction
Australia
Judgment Date
18 November 2013
Procedural Posture
Appeal / Post Judgment Motions and Variation
Outcome
Order varied in part; notices of motion otherwise dismissed.
Legal Topics
['variation of Judgment' 'costs' 'interest on Damages' 'finality of Litigation']
['civil Procedure'] ['variation of Judgment' 'costs' 'interest on Damages' 'finality of Litigation']

Case Brief

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Procedural Posture

Appeal / Post Judgment Motions and Variation

Legal Issues

  1. 1 ['Whether judgment amount should be varied due to factual misapprehension' 'Whether costs orders at first instance and on appeal should be varied' 'Appropriate date for awarding interest under Civil Procedure Act 2005 s 100' 'Whether delay by applicant affects entitlement to interest']

Ratio Decidendi

The Court varied the order as to judgment amount due to a clear factual misapprehension not attributable to the parties, leaving other aspects unchanged, and dismissed applications to vary costs as not justified. Interest is awarded from 2 December 2000, and no adjustment for delay is warranted.

Court Disposition

Order varied in part; notices of motion otherwise dismissed.

Orders

  • ['Vary order (3) made on 16 August 2013 to substitute the amount of $122,652.35 for the amount of $188,920.25.' "Otherwise dismiss the respondents' Notices of Motion." "No order as to costs of the respondents' Notices of Motion or as to the post 16 August 2013 interest submissions and calculations." "Direct Deborah...