Supit v White [2013] NSWLC 27

Supit v White [2013] NSWLC 27

The plaintiff is entitled to pre-judgment interest because he was under a potential liability for the hire charges and interest on those charges, distinguishing this case from earlier authorities where there was no such liability. The award of interest is compensatory in nature and ensures the damages reflect the loss as at the time of trial.

Jurisdiction
Australia
Judgment Date
10 September 2013
Procedural Posture
Civil / Decision on Pre Judgment Interest Following Judgment for Damages
Outcome
Pre-judgment interest awarded to plaintiff.
Legal Topics
['pre Judgment Interest' 'assessment of Damages' 'loss of Use of Motor Vehicle']
['civil Procedure'] ['pre Judgment Interest' 'assessment of Damages' 'loss of Use of Motor Vehicle']

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Procedural Posture

Civil / Decision on Pre Judgment Interest Following Judgment for Damages

Legal Issues

  1. 1 ['Is the plaintiff entitled to pre-judgment interest on damages for loss of use of a motor vehicle under section 100 of the Civil Procedure Act 2005?']

Ratio Decidendi

The plaintiff is entitled to pre-judgment interest because he was under a potential liability for the hire charges and interest on those charges, distinguishing this case from earlier authorities where there was no such liability. The award of interest is compensatory in nature and ensures the damages reflect the loss as at the time of trial.

Court Disposition

Pre-judgment interest awarded to plaintiff.

Orders

  • ["Interest is to be allowed from 30 November 2012 at the rate specified in Part H of the Chief Magistrate's Civil Practice Note Civ 1; interest calculated at $427.07 as at decision date."]