PERRI v FLAVELL and ANOR [NO 2] [1995] NSWCA 366

PERRI v FLAVELL and ANOR [NO 2] [1995] NSWCA 366

Notwithstanding protracted delay largely attributable to the appellant's lack of diligence, the usual practice is to award interest for the whole period from original judgment to payment, absent special circumstances; both parties could have taken steps to expedite the proceedings, and mere delay does not outweigh the principle of compensating for being kept out of money.

Parties
Appellant: Perri; Respondent: Flavell
Jurisdiction
Australia
Judgment Date
20 September 1995
Procedural Posture
Appeal / Determination of Interest Following Allowance of Appeal
Outcome
Interest awarded for entire period of delay; additional costs ordered against respondent.
Legal Topics
Interest on Judgments, Delay in Prosecuting Appeals, Exercise of Judicial Discretion
Civil Procedure Interest on Judgments Delay in Prosecuting Appeals Exercise of Judicial Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Perri

Appellant

Flavell

Respondent

Procedural Posture

Appeal / Determination of Interest Following Allowance of Appeal

Legal Issues

  1. 1 Whether interest should be payable for the entire period of delay between judgment and payment in circumstances of protracted delay in prosecuting an appeal
  2. 2 Whether the discretion to award interest should be exercised to reduce the period of interest due to plaintiff's delay

Ratio Decidendi

Notwithstanding protracted delay largely attributable to the appellant's lack of diligence, the usual practice is to award interest for the whole period from original judgment to payment, absent special circumstances; both parties could have taken steps to expedite the proceedings, and mere delay does not outweigh the principle of compensating for being kept out of money.

Court Disposition

Interest awarded for entire period of delay; additional costs ordered against respondent.

Orders

  • Order that the respondent pay interest at the rate of 15.6% per annum upon that part of the judgment of $102,000 which was not paid on or after 12 November 1986 to the date of payment.
  • Order that the respondent pay the additional costs of the motion before the Court in respect of interest.