McBride v Christie’s Australia Pty Limited (No 3) [2015] NSWSC 913

Having regard to prior offers and the plaintiff's failure to obtain a better result than that offered before litigation, pre-judgment interest on $42,000 should not be awarded.

Parties: Plaintiff: Louise McBride; Defendant: Vivienne Sharpe
Jurisdiction: Australia
Judgment Date: 09 July 2015
Procedural Posture: Application / Post Judgment (consequential Orders)
Outcome: Plaintiff's application for pre-judgment interest refused
Legal Topics: Pre Judgment Interest, Consequential Orders

Civil Procedure Pre Judgment Interest Consequential Orders

Case Brief

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Parties

Louise McBride

Plaintiff

Vivienne Sharpe

Defendant

Procedural Posture

Application / Post Judgment (consequential Orders)

Legal Issues

1 Whether the plaintiff should be awarded pre-judgment interest on $42,000 awarded for the Smart claim

Ratio Decidendi

Having regard to prior offers and the plaintiff's failure to obtain a better result than that offered before litigation, pre-judgment interest on $42,000 should not be awarded.

Court Disposition

Plaintiff's application for pre-judgment interest refused

Orders

The plaintiff's application for pre-judgment interest on the $42,000 awarded in respect of the Smart claim is refused.