KELLY v JOHN FAIRFAX AND SONS LTD (NO 3) [1988] NSWCA 79

KELLY v JOHN FAIRFAX AND SONS LTD (NO 3) [1988] NSWCA 79

There is no basis to disturb or review the interest awarded in the final judgment; the Court lacks power to do so as none of the limited exceptions to finality of judgment apply, and to proceed otherwise would undermine the principle of finality in litigation.

Parties
Claimant: Kelly; Opponent: John Fairfax and Sons Ltd
Jurisdiction
Australia
Judgment Date
15 August 1988
Procedural Posture
Civil / Post Judgment Motion
Outcome
motion dismissed with costs
Legal Topics
Interest on Judgment, Finality of Judgments, Variation of Court Orders
Defamation Civil Procedure Interest on Judgment Finality of Judgments Variation of Court Orders

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Parties

Kelly

Claimant

John Fairfax and Sons Ltd

Opponent

Procedural Posture

Civil / Post Judgment Motion

Legal Issues

  1. 1 Whether the Court of Appeal can review or vary the amount of interest awarded in a final judgment on the basis of a subsequent decision in another case

Ratio Decidendi

There is no basis to disturb or review the interest awarded in the final judgment; the Court lacks power to do so as none of the limited exceptions to finality of judgment apply, and to proceed otherwise would undermine the principle of finality in litigation.

Court Disposition

motion dismissed with costs

Orders

  • Motion dismissed with costs.