Owlstara v State of New South Wales (No 2) [2020] NSWCA 335

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Owlstara v State of New South Wales (No 2) [2020] NSWCA 335 Hearing dates: On the papers. Decision date: 16 December 2020 Before: Basten JA; Meagher JA; Emmett AJA Decision: (1) Order pursuant to UCPR, r 36.4 that the judgment for the appellant as plaintiff in the sum of $115,000 entered on 15 September 2020 take effect as at 10 December 2019. (2) Otherwise dismiss the appellant's notice of motion filed on 29 September 2020. (3) Make no order as to the costs of that notice of motion. Catchwords: JUDGMENTS AND ORDERS – amending, varying and setting aside – application under UCPR, r 36.16(3) to vary appeal judgment to include pre-judgment interest – where interest not sought prior to application – whether to backdate judgment to date of decision under appeal Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 101(2)(a) Uniform Civil Procedure Rules 2005, rr 36.4, 36.16(1), (3A) Cases Cited: Austodesk Inc v Dyason (No 2) (1993) 176 CLR 300; [1993] HCA 6 L Shaddock & Associates Pty Ltd v Council of the City of Parramatta (No 2) (1982) 151 CLR 590; [1982] HCA 59 Majak v Rose (No 5) [2017] NSWCA 238 Owlstara v State of New South Wales [2020] NSWCA 217 Rockcote Enterprises Pty Ltd v FS Architects Pty Ltd (No 2); Carelli v FS Architects Pty Ltd (No 2) [2008] NSWCA 205 Category: Principal judgment Parties: Lytha Owlstara (Appellant) State of New South Wales (Respondent) Representation: Counsel: J C Sheller SC (Appellant) J Kirk SC and D Hume (Respondent)