KELLY v JOHN FAIRFAX AND SONS LTD (NO 3) [1988] NSWCA 79

KELLY v JOHN FAIRFAX AND SONS LTD (NO 3)

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KirBy P, SAMUELS and MCHUGH JJA 2 May 1988, 15 August 1988

[1988] NSWCA 79

INTEREST — defamation interest on verdict-motion for review of amount ordered by Court of Appeal judgment entered and paid High Court refuses special leave to appeal challenge to amount of interest in the light of the later decision in Australian Consolidated press Ltd v Driscoll, unreported CA, 7 April 1988; (1988) NSWJB 43 — held: no ground shown to authorise disturbance of duly entered final judgment motion dismissed. Suggested inconsistency between Driscoll and John Fairfax and Sons Limited v Kelly (1987) 8 NSWLR 131 reserved. Supreme Court Rules, Pt20, Rule 10.

Kirby P By notice of motion the claimant seeks to have the Court give further consideration to, and to review, the amount of interest awarded to the claimant by the orders made by the Court in John Fairfax and Sons Limited v Kelly (1987) 8 NSWLR 131. The background to the litigation, necessary to understand the motion, is fully set out in the judgments in the reported case. It is not necessary to repeat the facts. Brief oral submissions were heard on the motion and argument has proceeded, by agreement, on written submissions.

The judgment of the Court in Kelly (above) was given on 31 March, 1987. The Court made orders that the appeal against the judgment entered pursuant to the jury's verdict be dismissed and that a cross-appeal be allowed. The cross appeal had been brought by the claimant from the decision of David Hunt J given on 24 April, 1985. His Honour disallowed interest on the judgment. His judgment is reported at (1985) 1 NSWLR 462. Allowing the claimant's cross-appeal, this Court ordered that there be substituted for the judgment in favour of the plaintiff in the sum of $115,000.00, judgment in the sum of $140,875.00. This new sum included an amount of interest in the sum of $25,875.00 The judgment was to take effect from 28 February, 1985, the date upon which the jury had returned its verdict in favour of the claimant.