NSW Caselaw
New South Wales Court of Appeal
CITATION: Phoenix Commercial Enterprises Pty Ltd v City of Canada Bay Council (No 2) [2010] NSWCA 183
HEARING DATE(S): On the papers.
JUDGMENT DATE: 3 August 2010
JUDGMENT OF: Spigelman CJ; Campbell JA; Handley AJA
DECISION: (1) Pursuant to leave reserved on 1 April 2010 substitute for the judgment in para 1 of the Orders of the Equity Division of 25 March 2009, judgment for the first defendant against the plaintiff for $1,626,612.01 with effect from 25 March 2009; (2) No order as to the costs of the written submissions filed pursuant to leave granted on 1 April.
CATCHWORDS: PRACTICE - rate of interest payable on judgment debt - interrelationship of covenant in lease to pay interest on unpaid rent and of statutory provision for interest on judgment debts
LEGISLATION CITED: Civil Procedure Act 2005
CATEGORY: Consequential orders
CASES CITED: Director-General of Fair Trading v First National Bank plc [2002] 1 AC 481 Phoenix Commercial Enterprises Pty Ltd v City of Canada Bay Council [2010] NSWCA 64
PARTIES: Phoenix Commercial Enterprises Pty Limited (Appellant) City of Canada Bay Council (Respondent)
FILE NUMBER(S): CA 40113/09
SOLICITORS: Ferdinando Agresta (Appellant) Mills Oakley Lawyers (Respondent)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): 1483/04
LOWER COURT JUDICIAL OFFICER: White J
LOWER COURT DATE OF DECISION: 23 February 2009
LOWER COURT MEDIUM NEUTRAL CITATION: Phoenix Commercial Enterprises v City of Canada Bay Council [2009] NSWSC 17
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40113/09
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