Despot v Registrar-General of NSW (No 2) [2013] NSWCA 332

Despot v Registrar-General of NSW (No 2) [2013] NSWCA 332

The appellant is not entitled to contractual interest post-completion under Special Condition 3.1 because it only applies as liquidated damages for late completion. The appellant is therefore entitled to pre-judgment interest under s 100 of the Civil Procedure Act 2005, properly calculated at $23,148.

Jurisdiction
Australia
Judgment Date
10 October 2013
Procedural Posture
Appeal / Consequential Orders Following Appellate Judgment and Further Submissions on Interest Calculation
Outcome
Amendment of previous order regarding calculation of pre-judgment interest; consequential order made.
Legal Topics
['interest' 'calculation of Pre Judgment Interest' 'consequential Orders']
['civil Procedure'] ['interest' 'calculation of Pre Judgment Interest' 'consequential Orders']

Case Brief

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Procedural Posture

Appeal / Consequential Orders Following Appellate Judgment and Further Submissions on Interest Calculation

Legal Issues

  1. 1 ['Whether appellant is entitled to interest as of right under contract or under s 100 Civil Procedure Act 2005' 'Proper calculation of pre-judgment interest']

Ratio Decidendi

The appellant is not entitled to contractual interest post-completion under Special Condition 3.1 because it only applies as liquidated damages for late completion. The appellant is therefore entitled to pre-judgment interest under s 100 of the Civil Procedure Act 2005, properly calculated at $23,148.

Court Disposition

Amendment of previous order regarding calculation of pre-judgment interest; consequential order made.

Orders

  • ["Order 5 made on 20 September 2013 amended to read: 'Judgment for the appellant against Stelli for the sum of $91,086 plus pre-judgment interest of $23,148, that judgment to take effect on 15 April 2011.'"]