Federal Court of Australia
Federal Court of Australia
Carter v Chubb Insurance Australia Ltd (No 2) [2024] FCA 1464 File number(s): NSD 437 of 2022
Judgment of: HALLEY J
Date of judgment: 17 December 2024
Catchwords: PRACTICE AND PROCEDURE – judgments and orders – application for pre-judgment interest – whether unexplained delay constitutes "good cause" in exercising discretion not to order interest pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth) prior to filing of cross claim – "good cause" shown
Legislation: Federal Court of Australia Act 1976 (Cth) s 51A
Cases cited: Carter v Chubb Insurance Australia Ltd [2024] FCA 1312 Forwood Products Pty Ltd v Gibbett [2002] FCAFC 69 Golden West Refining Corp Ltd v Daly Laboratories Pty Ltd (Federal Court of Australia, 16 February 1995, unreported)
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 13
Date of last submission/s: 10 December 2024
Date of hearing: Determined on the papers
Solicitor for the Plaintiff: Diamond Conway Lawyers
Solicitor for the Second Defendant: Gilchrist Connell
ORDERS NSD 437 of 2022
BETWEEN: JOHN JOSEPH CARTER Plaintiff
AND: CHUBB INSURANCE AUSTRALIA LTD Second Defendant
order made by: HALLEY J DATE OF ORDER: 17 December 2024
THE COURT ORDERS THAT:
1. The plaintiff's claims against the second defendant be dismissed. 2. The plaintiff is to pay $893,880.90 (inclusive of $170,875.78 in pre-judgment interest) to the second defendant. 3. The plaintiff is to pay post-judgment interest to the second defendant on and from 15 November 2024 pursuant to s 52A of the Federal Court of Australia Act 1976 (Cth) and r 39.06 of the Federal Court Rules 2011 (Cth) until payment is made by the plaintiff to the second defendant pursuant to Order 2 of these orders. 4. The plaintiff is to pay the costs of the second defendant as taxed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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