Tadrous v Tadrous (No. 2) [2012] NSWCA 91

Tadrous v Tadrous (No. 2) [2012] NSWCA 91

The Court determined the amount of interest secured by the charge by applying the current UCPR r 6.12.8, calculating from 1 December 2003 but excluding that day, and treating the pre-judgment interest awarded in equity as part of the sum on which post-judgment interest under s 101 of the Civil Procedure Act 2005 accrues. On that basis the interest from 1 December 2003 to 23 February 2012 was $426,614.38, the charge secured $561,360 plus that amount, and post-judgment interest accrues on $987,974.38 until discharge.

Jurisdiction
Australia
Judgment Date
17 April 2012
Procedural Posture
Consequential Orders / On the Papers Determination of the Amount of Interest Secured by the Charge After Orders Made on 23 February 2012
Outcome
Orders made determining the interest secured by the charge and awarding the respondent costs of the interest determination issue.
Legal Topics
['interest' 'post Judgment Interest' 'pre Judgment Interest' 'proprietary Estoppel' 'costs' 'consequential Orders']
['civil Procedure' 'equity'] ['interest' 'post Judgment Interest' 'pre Judgment Interest' 'proprietary Estoppel' 'costs' 'consequential Orders']

Case Brief

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Procedural Posture

Consequential Orders / On the Papers Determination of the Amount of Interest Secured by the Charge After Orders Made on 23 February 2012

Legal Issues

  1. 1 ['Whether interest should be calculated under UCPR r 6.12.8 as it stood before 1 July 2010 or under the current version of the rule.' 'Whether interest should be calculated from 23 December 2003 instead of 1 December 2003.' 'Whether a calculation of interest from 1 December 2003 includes interest for that day.' 'Whether post-judgment interest under s 101 of the Civil Procedure Act 2005 should take account of the pre-judgment interest awarded.' 'Whether an order should be made as to the rate at which post-judgment interest accrues.' 'What costs order should be made for the determination of the interest calculation issue.']

Ratio Decidendi

The Court determined the amount of interest secured by the charge by applying the current UCPR r 6.12.8, calculating from 1 December 2003 but excluding that day, and treating the pre-judgment interest awarded in equity as part of the sum on which post-judgment interest under s 101 of the Civil Procedure Act 2005 accrues. On that basis the interest from 1 December 2003 to 23 February 2012 was $426,614.38, the charge secured $561,360 plus that amount, and post-judgment interest accrues on $987,974.38 until discharge.

Court Disposition

Orders made determining the interest secured by the charge and awarding the respondent costs of the interest determination issue.

Orders

  • ['In accordance with order 3 made by the Court on 23 February 2012, the charge secures $561,360 plus $426,614.38 and from 23 February 2012 interest accrues on the sum of $987,974.38 pursuant to s 101 of the Civil Procedure Act 2005 until discharged.' "The appellant must pay the respondent's costs relating to the...