Lahoud & Anor v Lahoud & Ors [2011] NSWCA 405

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lahoud & Anor v Lahoud & Ors [2011] NSWCA 405 Hearing dates: 11/10/2011 Decision date: 19 December 2011 Before: Giles JA, Handley AJA, Sackville AJA Decision: (1) Appeal allowed in part; (2) Set aside order 1(a) of 14 and 17 December 2010 and in lieu thereof substitute judgment for pre-judgment interest in the amount of $6,365.95 with effect from 10 November 2010. (3) Set aside order 3 of 14 December 2010 in so far as it related to the costs of the relevant proceedings and remit all questions relating to those costs to Ward J. Order 3 otherwise confirmed. (4) Appeal otherwise dismissed. (5) Cross-appeal dismissed. (6) The Victor Lahoud interests are to pay one third of the Joseph Lahoud interests' costs of the appeal and cross-appeal (7) The JosephLahoud parties are to pay the costs of the fourth respondent as a submitting respondent, but such costs are not part of their costs payable by the Victor Lahoud parties under Order (6). [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: Interest - pre-judgment - Civil Procedure Act s 100(1) - joint-venture - moneys payable under contract pursuant to auditor's report - no cause of action until report - interest ordered from date of report. Legislation Cited: Civil Procedure Act, s 100 Cases Cited: Bloch v Bloch [1981] HCA 56; 180 CLR 390 Board of Trade v Cayzer Irvine & Co Ltd [1927] AC 610 Caledonian Insurance Co v Gilmour [1893] AC 85 Crisp & Gunn Co-Operative Ltd v Hobart Corporation [1963] HCA 55; 110 CLR 538 Frankston & Hastings Corporation v Cohen [1960] HCA 6; 103 CLR 607 McDonald v Dennys Lascelles Ltd [1933] HCA 25; 48 CLR 457 Panamena Europea Navigacion (Compania Limitada) v Frederick Leyland & Co Ltd [1947] AC 428 Victorian Workcover Authority v Esso Australia Ltd [2001] HCA 53; 207 CLR 520 Category: Principal judgment Parties: 1st Appellant - Joseph Lahoud 2nd Appellant - Joseph Lahoud & Associates Pty Ltd 1st Respondent - Victor Lahoud 2nd Respondent - Castle Constructions Pty Ltd 3rd Respondent - Solidare Pty Ltd 4th Respondent - Alfred Stephen Roger Representation: Appellants - IM Neil SC 1st, 2nd & 3rd Respondents - M Einfeld QC with Phillips 4th Respondent - I Congdon 1st & 2nd Appellants - Varekers Lawyers 1st, 2nd & 3rd Respondents - McLachlan Thorpe Partners 4th Respondent - Ian Congdon File Number(s): 2007/255809 Decision under appeal Citation: [2010] NSWSC 1297 Before: Ward J File Number(s): 2007/255809