Lavrick v Lease Auto Pty Ltd (No.2) [2002] FCA 705

Lavrick v Lease Auto Pty Ltd (No.2) [2002] FCA 705

The agreement on quantum did not extend to interest up to whenever judgment was entered; judgment as between applicant and first respondent should take effect as at 1 February 2002, with interest payable from that date.

Jurisdiction
Australia
Judgment Date
24 May 2002
Procedural Posture
Civil / Post Judgment Orders and Costs
Outcome
Judgment as between applicant and first respondent to take effect as at 1 February 2002; interest payable from that date; suspension on costs lifted; second cross-respondent to pay second cross-claimant's costs.
Legal Topics
['quantum Agreement' 'interest on Judgment' 'costs' 'indemnity']
['contract' 'insurance'] ['quantum Agreement' 'interest on Judgment' 'costs' 'indemnity']

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Procedural Posture

Civil / Post Judgment Orders and Costs

Legal Issues

  1. 1 ['Whether the agreed quantum of $370,000 included all interest up to the date of judgment' 'Whether judgment should take effect from a date prior to formal entry' "Entitlement to indemnity for Lease Auto's liability to the applicant" 'Appropriate orders for costs']

Ratio Decidendi

The agreement on quantum did not extend to interest up to whenever judgment was entered; judgment as between applicant and first respondent should take effect as at 1 February 2002, with interest payable from that date.

Court Disposition

Judgment as between applicant and first respondent to take effect as at 1 February 2002; interest payable from that date; suspension on costs lifted; second cross-respondent to pay second cross-claimant's costs.

Orders

  • ['Judgment as between applicant and first respondent to take effect as at 1 February 2002' 'Interest payable on that judgment from 1 February 2002' "Suspension on costs order lifted; first respondent to pay applicant's costs" "Second cross-respondent to pay second cross-claimant's costs for defending the applicant's...