NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Commissioner for Fair Trading v Jonval Builders Pty Ltd (No 3) [2022] NSWSC 1641 Hearing dates: 29 November 2022 Date of orders: 1 December 2022 Decision date: 01 December 2022 Jurisdiction: Common Law Before: Schmidt AJ Decision: See paragraph 58 Catchwords: CIVIL PROCEDURE — Construction of Civil Procedure Act 2005 (NSW), s 101 — calculation of post judgment interest — meaning of "unpaid" — where orders required defendants to pay named consumers who were not parties — where conditional stay ordered on payment of judgment sum into court by specified dates — where money paid into court but conditions not satisfied — where payment of judgment sum to consumers ordered after appeal dismissed — where calculation and payment of post judgement interest disputed — judgment remained unpaid until payments made to consumers Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 101 Fair Trading Act 1987 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 39.49, 41.3, 41.6, 41.11, 42.1, 50.7 Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8, 12 Cases Cited: Commissioner for Fair Trading v Jonval Builders Pty Ltd [2019] NSWSC 1893 Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd [2014] NSWCA 158 Grills v Leighton Contractors Pty Ltd (No 2) [2015] NSWCA 348 JKB Holdings Pty Ltd v de la Vega [2013] NSWSC 501 Jonval Builders Pty Ltd v Commissioner for Fair Trading [2021] HCASL 32 Jonval Builders Pty Ltd v Commissioner for Fair Trading (2020) 104 NSWLR [2020]; NSWCA 233 Rahme v Benjamin & Khoury Pty [2016] NSWSC 774 Robb Evans of Robb Evans & Associates v European Bank Ltd (No 2) [2009] NSWCA 170 Tomanovic v Global Mortgage Equity Corporation Pty Ltd (No 2) [2011] NSWCA 256 Texts Cited: Macquarie Dictionary, online ed, accessed 29 November 2022 Category: Principal judgment Parties: Commissioner for Fair Trading (Plaintiff) Jonval Builders Pty Ltd (First Defendant) Hacienda Caravan Park Pty Ltd (Second Defendant) Representation: Counsel: Ms R Francois (Plaintiff) Ms T Hickling (Defendants) Solicitors: Department of Customer Service (Plaintiff) Worcester & Co (Defendant) File Number(s): 2015/291362
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