Simmons v Colly Cotton Marketing Pty Limited [2007] NSWSC 1092

Simmons v Colly Cotton Marketing Pty Limited [2007] NSWSC 1092

The judgment took effect when the first instance orders were entered on 18 August 2005; the stay of enforcement did not alter that date and the Court of Appeal's substitution of a different damages amount did not create a fresh 28 day moratorium under s 101(3). Colly therefore owed interest on the judgment debt for...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 October 2007
Procedural Posture
Notice of Motion in Supreme Court of New South Wales Equity Division Commercial List / Post Judgment Applications for Interest on Judgment Debt and Interest on Costs
Outcome
Applicants entitled to an order for interest on the judgment debt and interest on costs; respondents' Motion dismissed.
Legal Topics
['interest After Judgment' 'interest on Costs' 'date Judgment Takes Effect' 'court of Appeal Substituted Judgment' '28 Day Moratorium Under S 101(3) of the Civil Procedure Act 2005']
['civil Procedure' 'judgments' 'costs'] ['interest After Judgment' 'interest on Costs' 'date Judgment Takes Effect' 'court of Appeal Substituted Judgment' '28 Day Moratorium Under S 101(3) of the Civil Procedure Act 2005']

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Procedural Posture

Notice of Motion in Supreme Court of New South Wales Equity Division Commercial List / Post Judgment Applications for Interest on Judgment Debt and Interest on Costs

Legal Issues

  1. 1 ['Whether Colly was entitled to a further 28 day moratorium under s 101(3) of the Civil Procedure Act 2005 after the Court of Appeal substituted the amount of damages.' 'Whether interest was payable on the judgment debt between 16 June 2006 and 13 July 2006.' 'Whether the first instance Court could make an order for interest on costs awarded by the Court of Appeal.' 'Whether the discretion to award interest on costs should be exercised in favour of the applicants.']

Ratio Decidendi

The judgment took effect when the first instance orders were entered on 18 August 2005; the stay of enforcement did not alter that date and the Court of Appeal's substitution of a different damages amount did not create a fresh 28 day moratorium under s 101(3). Colly therefore owed interest on the judgment debt for the period 16 June 2006 to 13 July 2006. The Court also had power, in the circumstances of the Court of Appeal's liberty to apply order and under s 101(4), to deal with interest on costs, and the applicants' conduct did not disentitle them from a discretionary award of interest on costs.

Court Disposition

Applicants entitled to an order for interest on the judgment debt and interest on costs; respondents' Motion dismissed.

Orders

  • ['The applicants are entitled to interest on the judgment for the additional 28 day period after the Court of Appeal made its order and up to the time the judgment debt was paid.' 'Interest should be awarded on the costs, adopting the formula used by Campbell J in Lahoud v Lahoud.' 'The parties are to bring in Short...