Nicol v Allyacht Spars Pty Ltd [No 2] [1988] HCA 48

Nicol v Allyacht Spars Pty Ltd [No 2] [1988] HCA 48

Section 37 of the Judiciary Act 1903 Cth did not cause the High Court's order of 6 November 1987 to take effect as a judgment dated 3 April 1986 for the purposes of s. 73 of the Common Law Practice Act 1867 Q. However, the High Court's power to give the judgment that ought to have been given in the first instance permitted inclusion of interest under s. 72 for the period from 3 April 1986 to 6 November 1987, and the respondent's calculation of $2,256.33 was a reasonable approach that the appellant did not dispute mathematically.

Jurisdiction
Australia
Procedural Posture
Appeal Concerning Interest on Judgment / Application Under Liberty to Apply for an Order in Relation to Interest After the High Court Allowed the Appeal
Outcome
Interest payable pursuant to the order made on 6 November 1987 fixed at $2,256.33, being interest to the date of judgment.
Legal Topics
['interest on Judgment' 'antedating Appellate Judgments' 'judiciary Act 1903 Cth S 37' 'common Law Practice Act 1867 Q Ss 72 and 73']
['civil Procedure' 'appellate Jurisdiction' 'damages'] ['interest on Judgment' 'antedating Appellate Judgments' 'judiciary Act 1903 Cth S 37' 'common Law Practice Act 1867 Q Ss 72 and 73']

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Procedural Posture

Appeal Concerning Interest on Judgment / Application Under Liberty to Apply for an Order in Relation to Interest After the High Court Allowed the Appeal

Legal Issues

  1. 1 ['Whether the order made by the High Court on 6 November 1987 took effect as a judgment dated 3 April 1986 for the purposes of s. 73 of the Common Law Practice Act 1867 Q by reason of s. 37 of the Judiciary Act 1903 Cth.' 'Whether the appellant was entitled to interest from 3 April 1986 to 6 November 1987 under s. 72 of the Common Law Practice Act 1867 Q as part of the judgment that ought to have been given in the first instance.' 'What amount of interest should be fixed pursuant to the order made on 6 November 1987.']

Ratio Decidendi

Section 37 of the Judiciary Act 1903 Cth did not cause the High Court's order of 6 November 1987 to take effect as a judgment dated 3 April 1986 for the purposes of s. 73 of the Common Law Practice Act 1867 Q. However, the High Court's power to give the judgment that ought to have been given in the first instance permitted inclusion of interest under s. 72 for the period from 3 April 1986 to 6 November 1987, and the respondent's calculation of $2,256.33 was a reasonable approach that the appellant did not dispute mathematically.

Court Disposition

Interest payable pursuant to the order made on 6 November 1987 fixed at $2,256.33, being interest to the date of judgment.

Orders

  • ['Order that the interest payable pursuant to the order made on 6 November 1987 be fixed at $2,256.33, being interest to the date of judgment.']