Monteleone v Thorn (No 10) [2021] NSWSC 729

Monteleone v Thorn (No 10) [2021] NSWSC 729

As interest was claimed in the statement of claim and the failure to refer to it was an omission by counsel, the judgment should be amended under the slip rule to include interest on past economic loss.

Jurisdiction
Australia
Judgment Date
21 June 2021
Procedural Posture
Civil / Consequential Orders Following Original Judgment
Outcome
Judgment amended to include $14,368.99 interest; total judgment $1,435,339.
Legal Topics
['slip Rule' 'amendment of Judgment' 'interest on Past Economic Loss']
['civil Procedure'] ['slip Rule' 'amendment of Judgment' 'interest on Past Economic Loss']

Case Brief

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Procedural Posture

Civil / Consequential Orders Following Original Judgment

Legal Issues

  1. 1 ['Whether judgment should be amended under the slip rule to allow interest on past economic loss']

Ratio Decidendi

As interest was claimed in the statement of claim and the failure to refer to it was an omission by counsel, the judgment should be amended under the slip rule to include interest on past economic loss.

Court Disposition

Judgment amended to include $14,368.99 interest; total judgment $1,435,339.

Orders

  • ['Judgment will be amended to include the sum of $14,368.99 on account of interest on past economic loss.' 'Judgment is now for the sum of $1,435,339 (rounded down).']