Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd [No 2] [2013] HCA 23

Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd [No 2] [2013] HCA 23

The Court saw no reason to alter the approach taken by the Court of Appeal regarding the interest rates applied under the Civil Procedure Act 2005 (NSW). The sum recoverable by Mitchell Morgan is limited to 12.5 per cent of its total loss, reflecting the primary judge’s decision, and interest is calculated accordingly.

Parties
Appellant: Hunt & Hunt Lawyers; Respondents: Mitchell Morgan Nominees Pty Ltd & Ors
Jurisdiction
Australia
Judgment Date
29 May 2013
Procedural Posture
Appeal / Order Following Appeal Decision
Outcome
Order amending judgment sum in favour of respondents; no further orders on interest or costs.
Legal Topics
Judgment Interest, Pre Judgment Interest, Post Judgment Interest
Civil Procedure Judgment Interest Pre Judgment Interest Post Judgment Interest

Case Brief

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Parties

Hunt & Hunt Lawyers

Appellant

Mitchell Morgan Nominees Pty Ltd & Ors

Respondents

Procedural Posture

Appeal / Order Following Appeal Decision

Legal Issues

  1. 1 Whether pre‑judgment interest, pursuant to s 100 of Civil Procedure Act 2005 (NSW), or post-judgment interest, under s 101 of Civil Procedure Act 2005 (NSW), should apply to judgment sum

Ratio Decidendi

The Court saw no reason to alter the approach taken by the Court of Appeal regarding the interest rates applied under the Civil Procedure Act 2005 (NSW). The sum recoverable by Mitchell Morgan is limited to 12.5 per cent of its total loss, reflecting the primary judge’s decision, and interest is calculated accordingly.

Court Disposition

Order amending judgment sum in favour of respondents; no further orders on interest or costs.

Orders

  • Order 12 of the orders dated 3 July 2009 made by Young JA in the Supreme Court of New South Wales be amended to read that there be judgment for the cross-claimants, Mitchell Morgan, against the cross-defendants, Hunt & Hunt Lawyers, in the sum of $311,870.24.
  • No order is made for payment of interest on Hunt & Hunt’s costs or for costs to be paid by the mortgage insurer.