Sutton v Firth (No 3) [2009] NSWDC 68

Sutton v Firth (No 3) [2009] NSWDC 68

The Civil Liability Act 2002 applies to this action as it was commenced after the Act's commencement, and it is not excluded by any provision of the Act, therefore the interest rate prescribed by s 18 applies, not court rates under the Uniform Civil Procedure Rules 2005.

Jurisdiction
Australia
Judgment Date
17 March 2009
Procedural Posture
Civil / Final Judgment With Stay Pending Appeal
Outcome
Verdict and judgment for the plaintiff; interest awarded under Civil Liability Act; stay granted pending appeal.
Legal Topics
['interest on Judgment' 'professional Negligence' 'loss of Opportunity' 'stay of Judgment' 'costs']
['civil Procedure' 'torts'] ['interest on Judgment' 'professional Negligence' 'loss of Opportunity' 'stay of Judgment' 'costs']

Case Brief

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Procedural Posture

Civil / Final Judgment With Stay Pending Appeal

Legal Issues

  1. 1 ['Whether interest on judgment is payable at the rate under the Civil Liability Act 2002 or court rates under Uniform Civil Procedure Rules 2005' "Whether the Civil Liability Act 2002 applies to a professional negligence action for loss of opportunity commenced after the Act's commencement"]

Ratio Decidendi

The Civil Liability Act 2002 applies to this action as it was commenced after the Act's commencement, and it is not excluded by any provision of the Act, therefore the interest rate prescribed by s 18 applies, not court rates under the Uniform Civil Procedure Rules 2005.

Court Disposition

Verdict and judgment for the plaintiff; interest awarded under Civil Liability Act; stay granted pending appeal.

Orders

  • ['Verdict and judgment for the plaintiff against the defendant in the amount of $107,415.29.' "Defendant is to pay the plaintiff's costs of the proceedings." 'Judgment stayed pending further order conditional upon defendant filing and serving a notice of appeal within 28 days.' 'Plaintiff granted liberty to restore...