Owlstara v State of New South Wales (No 2) [2020] NSWCA 335

Owlstara v State of New South Wales (No 2) [2020] NSWCA 335

The appellant is not entitled to variation of judgment to include pre-judgment interest, as this was not sought or argued at trial or on appeal and no error or misapprehension exists; however, the judgment should be backdated to the date of the District Court decision in accordance with the appellant's notice of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 December 2020
Procedural Posture
Civil Appeal / Post Judgment Motion to Vary Orders
Outcome
Notice of motion to vary judgment with pre-judgment interest dismissed; judgment backdated; no order as to costs of motion.
Legal Topics
['judgments and Orders' 'pre Judgment Interest' 'amending and Backdating Judgments' 'assault' 'battery' 'false Imprisonment']
['civil Procedure' 'torts'] ['judgments and Orders' 'pre Judgment Interest' 'amending and Backdating Judgments' 'assault' 'battery' 'false Imprisonment']

Source-derived case record

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Procedural Posture

Civil Appeal / Post Judgment Motion to Vary Orders

Legal Issues

  1. 1 ['Whether the Court should vary the appeal judgment to include pre-judgment interest on damages' 'Whether the judgment should be backdated to the date of the District Court judgment']

Ratio Decidendi

The appellant is not entitled to variation of judgment to include pre-judgment interest, as this was not sought or argued at trial or on appeal and no error or misapprehension exists; however, the judgment should be backdated to the date of the District Court decision in accordance with the appellant's notice of appeal and submissions, and the Court's discretion under UCPR r 36.16.

Court Disposition

Notice of motion to vary judgment with pre-judgment interest dismissed; judgment backdated; no order as to costs of motion.

Orders

  • ['Order pursuant to UCPR, r 36.4 that the judgment for the appellant as plaintiff in the sum of $115,000 entered on 15 September 2020 take effect as at 10 December 2019.' "Otherwise dismiss the appellant's notice of motion filed on 29 September 2020." 'Make no order as to the costs of that notice of motion.']