Fenech, G. & Anor v Sterling, R. [1986] FCA 233

Fenech, G. & Anor v Sterling, R. [1986] FCA 233

Applicants should receive a further sum representing lost interest, after deducting amounts already awarded and applying a discount for contingency, but not both banking charges and interest lost on a notional investment.

Parties
Applicant: George Fenech; Applicant: Julian Fenech; Respondent: Robert Sterling
Jurisdiction
Australia
Judgment Date
13 June 1986
Procedural Posture
Civil / Post Judgment Application for Further Relief
Outcome
further relief granted
Legal Topics
Further Relief, Quantification of Loss, Interest Calculation
Civil Procedure Further Relief Quantification of Loss Interest Calculation

Case Brief

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Parties

George Fenech

Applicant

Julian Fenech

Applicant

Robert Sterling

Respondent

Procedural Posture

Civil / Post Judgment Application for Further Relief

Legal Issues

  1. 1 Whether the applicants are entitled to further relief for interest lost on funds paid to the respondent.
  2. 2 How to calculate interest lost and any deductions due to contingencies.

Ratio Decidendi

Applicants should receive a further sum representing lost interest, after deducting amounts already awarded and applying a discount for contingency, but not both banking charges and interest lost on a notional investment.

Court Disposition

further relief granted

Orders

  • In addition to the sum of $3,975.92, the respondent must pay to the applicants the sum of $2,583.13.