Despot v Registrar-General of NSW (No 2) [2013] NSWCA 332

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Despot v Registrar-General of NSW (No 2) [2013] NSWCA 332 Hearing dates: On the papers Decision date: 10 October 2013 Before: Meagher JA; Ward JA; Bergin CJ in Eq Decision: (1) Amend order 5 made on 20 September 2013 to read: "Judgment for the appellant against Stelli for the sum of $91,086 plus pre-judgment interest of $23,148, that judgment to take effect on 15 April 2011." [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 - calculation of pre-judgment interest - no question of principle Legislation Cited: Civil Procedure Act 2005, s 100 Cases Cited: Despot v Registrar-General of New South Wales [2013] NSWCA 313 Agusta Pty Ltd v Official Trustee in Bankruptcy As Trustee of Estates of Gustavo Ferella and Angelo Ferella [2009] NSWCA 129 Category: Consequential orders Parties: Ranko Despot (Appellant) Registrar-General of New South Wales (First Respondent) Roy Maalouf (Second Respondent) Stelli Pty Ltd (Third Respondent) Westpac Banking Corporation (Fourth Respondent) Dominic Carbone (Fifth Respondent) Joyce Azzi (Sixth Respondent) Sky Constructions Pty Ltd (Seventh Respondent) Representation: Counsel: J C Hewitt, J E Curtin (Appellant) Submitting appearance (First Respondent) K D Ginges (Second and Seventh Respondents) B J Gross QC, D J Williams (Third and Sixth Respondents) S Ipp (Fourth Respondent) J C Kelly SC (Fifth Respondent) Solicitors: Pamela J Enright Solicitor (Appellant) Gavin Bartier (First Respondent) Self-represented (Second and Seventh Respondents) Kheir Lawyers (Third and Sixth Respondents) Henry Davis York (Fourth Respondent) Colin Biggers & Paisley (Fifth Respondent) File Number(s): 2012/56421 Decision under appeal Jurisdiction: 9111 Citation: [2011] NSWSC 273 Date of Decision: 2011-03-31 00:00:00 Before: Macready AsJ File Number(s): 2009/298869 2009/298832