DIANNE HEATH v MERYL ISABELLE GORDON [1993] NSWCA 133

DIANNE HEATH v MERYL ISABELLE GORDON [1993] NSWCA 133

The insurer's liability for post-judgment interest under s 95 continues until effective tender of judgment payment, which was determined to be on 26 February 1993, not when cheques were posted. Costs are apportioned based on timings of consent and procedural actions.

Parties
Appellant: Dianne Heath; Respondent: Meryl Isabelle Gordon
Jurisdiction
Australia
Judgment Date
08 March 1993
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs; orders as stated
Legal Topics
Post Judgment Interest, Costs, Appeal Dismissal
Civil Procedure Post Judgment Interest Costs Appeal Dismissal

Case Brief

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Parties

Dianne Heath

Appellant

Meryl Isabelle Gordon

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Liability for post-judgment interest under s 95 of the Supreme Court Act
  2. 2 Entitlement to costs prior and subsequent to consent order
  3. 3 Effective tender by insurer of judgment amount

Ratio Decidendi

The insurer's liability for post-judgment interest under s 95 continues until effective tender of judgment payment, which was determined to be on 26 February 1993, not when cheques were posted. Costs are apportioned based on timings of consent and procedural actions.

Court Disposition

appeal dismissed with costs; orders as stated

Orders

  • Appeal dismissed at appellant's request with costs up to and including 11 February 1993, including reserved costs
  • Respondent to pay costs of appeal since 11 February 1993, including costs of notice of motion of 1 March; costs to be set off