McCarthy v McIntyre [1999] FCA 155

McCarthy v McIntyre [1999] FCA 155

Interest on the Riverview Lodge claim should be awarded under s 51A of the Federal Court of Australia Act 1976 (Cth) only from 1 December 1997, being a fair exercise of discretion based on the timing of demand and amendments to the claim. For the cross-claim, interest is governed by the terms of the relevant contract. Costs follow the outcome of the respective claims and cross-claims.

Jurisdiction
Australia
Judgment Date
08 February 1999
Procedural Posture
Civil / Post Trial, Judgment Regarding Interest and Costs
Outcome
Interest to be allowed on judgment sum from specified date; costs follow the event; formal orders stood over pending calculations.
Legal Topics
['pre Trial Interest' 'costs' 'contractual Interest Rates']
['civil Procedure' 'contract' 'remedies'] ['pre Trial Interest' 'costs' 'contractual Interest Rates']

Case Brief

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Procedural Posture

Civil / Post Trial, Judgment Regarding Interest and Costs

Legal Issues

  1. 1 ['Whether interest on the judgment sum should be awarded, on what basis, and from what date' 'Whether interest on the cross-claim should be governed by contract or statute' 'How the costs of the proceedings should be allocated']

Ratio Decidendi

Interest on the Riverview Lodge claim should be awarded under s 51A of the Federal Court of Australia Act 1976 (Cth) only from 1 December 1997, being a fair exercise of discretion based on the timing of demand and amendments to the claim. For the cross-claim, interest is governed by the terms of the relevant contract. Costs follow the outcome of the respective claims and cross-claims.

Court Disposition

Interest to be allowed on judgment sum from specified date; costs follow the event; formal orders stood over pending calculations.

Orders

  • ['Interest on $505,476.43 in favour of Edlan on the Riverview Lodge claim to run from 1 December 1997 at prescribed rates.' 'Solicitors to confer on calculation of interest; any dispute to be resolved by Registrar.' 'Interest on the cross-claim to be calculated under the contract with specified rates and terms;...