LCM Operations Pty Ltd v Rabah Enterprises Pty Ltd (No 2) [2023] NSWSC 722

Supreme Court New South Wales

Medium Neutral Citation: LCM Operations Pty Ltd v Rabah Enterprises Pty Ltd (No 2) [2023] NSWSC 722 Hearing dates: On the papers Date of orders: 28 June 2023 Decision date: 28 June 2023 Jurisdiction: Equity - Commercial List Before: Rees J Decision: Interest up to judgment included in judgment sum. Catchwords: INTEREST — interest up to judgment — s100, Civil Procedure Act 2005 — plaintiff sued for debts arising under a contract for services — cause of action accrues when service performed, absent contrary agreement — no contrary agreement — whether depends on demand for payment — no agreement as to this either — making of demand not necessary for cause of action in debt to accrue — entitled to interest from date of performance. Legislation Cited: Civil Procedure Act 2005 (NSW) s 100 Cases Cited: Emery v Day (1834) 1 Cr M&R 247; 149 ER 1071 Birse Construction Ltd v McCormick (UK) Ltd [2004] EWHC 3053 Young v Queensland Trustees Ltd [1956] HCA 51; (1956) 99 CLR 560 Ogilvie v Adams [1981] VR 1041 Fischer v Nemeske Pty Ltd [2015] NSWCA 6 Texts Cited: G E Dal Pont, Law of Limitation (LexisNexis Butterworths 2nd Edition) Peter Handford, Limitation of Actions (Thomson Lawbook Co, 2nd Edition) Category: Costs Parties: LCM Operations Pty Ltd (Plaintiff) Rabah Enterprises Pty Ltd (Defendant) Representation: Solicitors: Stacks Law Firm (Plaintiff) Bartier Perry (Defendant) File Number(s): 2020/262271