King v State Bank of New South Wales (No 3) [2003] NSWIRComm 308

King v State Bank of New South Wales (No 3) [2003] NSWIRComm 308

The issue of interest was not encompassed in the grant of leave to appeal; the trial judge properly exercised discretion in awarding interest, having regard to delay and inflationary factors, and no error was shown in this regard so as to warrant appellate intervention. Leave to appeal on the issue of interest was not granted.

Jurisdiction
Australia
Judgment Date
30 September 2003
Procedural Posture
Appeal and Cross Appeal / Post Judgment Orders and Final Disposition
Outcome
Appeal and cross-appeal allowed in part, orders made, leave to appeal on interest not granted, costs awarded to appellant.
Legal Topics
['unfair Contract' 'interest on Monetary Orders' 'appeal Procedure' 'costs']
['industrial Relations' 'employment Law'] ['unfair Contract' 'interest on Monetary Orders' 'appeal Procedure' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal and Cross Appeal / Post Judgment Orders and Final Disposition

Legal Issues

  1. 1 ['Whether the initial judgment dealt correctly with the question of interest on monetary orders' 'Whether leave to appeal and leave to cross-appeal should extend to the issue of interest' 'Appropriateness of awarding interest and when it should begin to accrue']

Ratio Decidendi

The issue of interest was not encompassed in the grant of leave to appeal; the trial judge properly exercised discretion in awarding interest, having regard to delay and inflationary factors, and no error was shown in this regard so as to warrant appellate intervention. Leave to appeal on the issue of interest was not granted.

Court Disposition

Appeal and cross-appeal allowed in part, orders made, leave to appeal on interest not granted, costs awarded to appellant.

Orders

  • ['Leave to appeal and leave to cross-appeal granted to the extent set out in these reasons and those of 23 December 2002.' 'The appeal is allowed.' 'The cross-appeal as it relates to paragraph E(b) of the application for leave to cross-appeal and cross-appeal is allowed.' 'The respondent/cross-appellant, the State...