Marsden v Amalgamated Television Services Pty Ltd [2001] NSWSC 539

Marsden v Amalgamated Television Services Pty Ltd [2001] NSWSC 539

Because the plaintiff's entitlement to vindication existed as of the date of publication and was a substantial component of the damages, and because allocation of the damages to particular components for interest purposes would be artificial, the Court applied a two percent interest rate as a fair and just outcome and entered judgment including interest in each action.

Jurisdiction
Australia
Judgment Date
27 June 2001
Procedural Posture
Defamation Action / Entry of Judgment on Interest Claimed Under S 94 of the Supreme Court Act 1970
Outcome
Judgment entered for the plaintiff in both actions, including interest awarded at two percent.
Legal Topics
['interest on Damages' 'entry of Judgment' 'section 94 Supreme Court Act 1970']
['defamation' 'civil Procedure'] ['interest on Damages' 'entry of Judgment' 'section 94 Supreme Court Act 1970']

Case Brief

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Procedural Posture

Defamation Action / Entry of Judgment on Interest Claimed Under S 94 of the Supreme Court Act 1970

Legal Issues

  1. 1 ['Whether interest should be awarded in the defamation actions under section 94 of the Supreme Court Act 1970.' 'What rate of interest should be applied to the awards of damages.']

Ratio Decidendi

Because the plaintiff's entitlement to vindication existed as of the date of publication and was a substantial component of the damages, and because allocation of the damages to particular components for interest purposes would be artificial, the Court applied a two percent interest rate as a fair and just outcome and entered judgment including interest in each action.

Court Disposition

Judgment entered for the plaintiff in both actions, including interest awarded at two percent.

Orders

  • ['In action number 20223 of 1995, interest awarded at two percent from 13 March 1995 to 27 June 2001, being 2267 days, in the sum of $34,160.25; judgment for the plaintiff in the sum of $309,165.25.' 'In action number 20592 of 1996, interest awarded for the period 7 May 1996 to 27 June 2001, being 1876 days, in the...