Goldberg v Landerer [2011] NSWSC 130

Goldberg v Landerer [2011] NSWSC 130

Interest in accordance with s 84A of the Probate and Administration Act 1898 (NSW) is to run on $741,000 from 16 December 2010 to 8 February 2011, and on $241,000 from 8 February 2011 until paid, as this accords with the agreement reflected in the consequential orders and the conduct of the parties.

Parties
Plaintiff: Judy Goldberg; Defendant: John Landerer
Jurisdiction
Australia
Judgment Date
17 February 2011
Procedural Posture
Application for Consequential Orders / Post Judgment Orders on Interest
Outcome
consequential orders made for payment of interest
Legal Topics
Interest Payable on Legacies, Consequential Orders
Procedure Interest Payable on Legacies Consequential Orders

Case Brief

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Parties

Judy Goldberg

Plaintiff

John Landerer

Defendant

Procedural Posture

Application for Consequential Orders / Post Judgment Orders on Interest

Legal Issues

  1. 1 whether there was an agreement as to which statutory provision for interest should apply
  2. 2 the appropriate date from which interest is to run

Ratio Decidendi

Interest in accordance with s 84A of the Probate and Administration Act 1898 (NSW) is to run on $741,000 from 16 December 2010 to 8 February 2011, and on $241,000 from 8 February 2011 until paid, as this accords with the agreement reflected in the consequential orders and the conduct of the parties.

Court Disposition

consequential orders made for payment of interest

Orders

  • Interest in accordance with s 84A of the Probate and Administration Act 1898 (NSW) will run on $741,000 from 16 December 2010 to 8 February 2011, and on $241,000 from 8 February 2011 until it is paid.