ROGERS v WENTWORTH [1994] NSWCA 269

ROGERS v WENTWORTH [1994] NSWCA 269

Where the evidence and jury award relate to damages substantially complete at the time of injury, the interest should be calculated at the full 4% rate for the whole period from injury to judgment, not half the rate.

Parties
Plaintiff: K Wentworth; Defendant: Rogers
Jurisdiction
Australia
Judgment Date
12 September 1994
Procedural Posture
Appeal / Interlocutory; Costs/interest on Appeal
Outcome
Partial appeal allowed. Interest award varied. Further hearing ordered.
Legal Topics
Damages, Interest, Assault, Costs
Torts Civil Procedure Damages Interest Assault Costs

Case Brief

Summary, issues, holding and outcome

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Parties

K Wentworth

Plaintiff

Rogers

Defendant

Procedural Posture

Appeal / Interlocutory; Costs/interest on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in applying 2% interest on damages for pre-trial pain and suffering instead of 4%
  2. 2 What is the correct application of Supreme Court Rules Pt52 R24 regarding costs given the judgment amount
  3. 3 Whether R24 applied after a re-trial following an appeal

Ratio Decidendi

Where the evidence and jury award relate to damages substantially complete at the time of injury, the interest should be calculated at the full 4% rate for the whole period from injury to judgment, not half the rate.

Court Disposition

Partial appeal allowed. Interest award varied. Further hearing ordered.

Orders

  • Interest on damages increased to $1,360 using 4% rate; total judgment amount $3,360.
  • Case listed for further hearing on costs and other issues in light of increased judgment.