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ROUSELLIS vy MAIURANO
SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL
PRIESTLEY JA, BEAZLEY JA and FITZGERALD AJA
17 December 1998
[1998] NSWCA 196
Priestley JA, Beazley JA and Fitzgerald AJA. On 19 November 1998, the
Court ordered the respondents to pay the appellants $68,459 plus interest. If the
parties were unable to agree on the amount of interest, written submissions were
required within 14 days.
No submission has been received from the respondents, who also did not
respond to a letter written to their solicitor by the appellant's solicitor on 19
November 1998. In the circumstances, it is reasonable to infer thatthey do not
disagree with the appellant's calculation of interest, as set out in that letter,
totalling $50,583.24. The justification for the appellant's claim for that amount is
contained in a written submission which was filed on 4 December.
In the circumstances, the judgment of the Court of 19 November 1998 should
be varied by ordering the respondent to pay to the appellant a further sum of
$50,583.24 in respect of interest.
Orders accordingly.
Counsel for the appellant: R G Forster SC
Solicitors for the appellant: Alan Jessup
Counsel for the respondent: M Evans
Solicitors for the respondent: Muggletons
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