WFM Motors Pty Limited v Bar M Pty Limited (No 2) [2022] NSWSC 1752

Supreme Court New South Wales

Medium Neutral Citation: WFM Motors Pty Limited v Bar M Pty Limited (No 2) [2022] NSWSC 1752 Hearing dates: 25 November, 2 December 2022 Date of orders: 2 December 2022 Decision date: 02 December 2022 Jurisdiction: Equity Before: Kunc J Decision: Orders made to give effect to principal judgment; ambiguity in principal judgment clarified Catchwords: JUDGMENTS AND ORDERS — Interest — Agreements to pay interest — Appropriate rate of interest where defendants had filed notices acknowledging claim shortly after proceedings commenced but no judgment had been entered in accordance with UCPR Pt 20 r 20.34(3) JUDGMENTS AND ORDERS — Reasons — Clarification of ambiguity Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd (No 2) (1998) 29 ACSR 290 WFM Motors Pty Ltd v Bar M Pty Ltd [2022] NSWSC 1500 Category: Consequential orders Parties: WFM Motors Pty Ltd (Plaintiff/Cross-Defendant) Bar M Pty Ltd (First Defendant) Walter Toppi (appointed by order of the Supreme Court of NSW to represent the estate of the late Giovanna Toppi) (Second Defendant/Cross-Claimant) Paola Toppi (Third Defendant) Representation: Counsel: PR Jammy (Plaintiff/Cross-Defendant) NJ Kidd SC (Second Defendant/Cross-Claimant) M Pesman SC (First and Third Defendants) Solicitors: HWL Ebsworth (Plaintiff) Beazley Lawyers (First and Third Defendants) Levitt Robinson Solicitors (Second Defendant/Cross-Claimant) File Number(s): 2020/267822 Publication restriction: Nil