Stenlake v Whipps (No. 3) [2016] NSWSC 1678

Stenlake v Whipps (No. 3) [2016] NSWSC 1678

Interest should run from the time of the plaintiff's original expenditure on the property, reflecting the long-standing improvements, not from the later dates when the claim was quantified or judgment pronounced.

Jurisdiction
Australia
Judgment Date
29 November 2016
Procedural Posture
Civil / Post Judgment Dispute on Calculation of Interest and Costs
Outcome
Judgment for plaintiff for interest up to judgment; no order as to costs for interest dispute
Legal Topics
['interest Calculation Up to Judgment' 'equitable Charge' 'costs']
['equity'] ['interest Calculation Up to Judgment' 'equitable Charge' 'costs']

Case Brief

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Procedural Posture

Civil / Post Judgment Dispute on Calculation of Interest and Costs

Legal Issues

  1. 1 ["Whether interest up to judgment should be calculated from the time of claimant's expenditure on property or a later date" 'Whether the plaintiff is entitled to raise arguments regarding use and enjoyment of the property']

Ratio Decidendi

Interest should run from the time of the plaintiff's original expenditure on the property, reflecting the long-standing improvements, not from the later dates when the claim was quantified or judgment pronounced.

Court Disposition

Judgment for plaintiff for interest up to judgment; no order as to costs for interest dispute

Orders

  • ['Judgment for the plaintiff in the sum of $19,060.82 for interest up to judgment under Civil Procedure Act, s 100' 'Each party to bear its own costs in relation to the calculation of interest up to judgment']