Nu Line Construction Group Pty Ltd v Fowler (No 3) [2014] NSWCA 229

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nu Line Construction Group Pty Ltd v Fowler (No 3) [2014] NSWCA 229 Hearing dates: On the papers Decision date: 17 July 2014 Before: Basten JA at [1]; Barrett JA at [14]; Young AJA at [15] Decision: Vary order (2) made on 17 March 2014, with effect from that date, to read: Give judgment for the appellant against the respondents in the sum of $251,162. [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 - recoverability of interest - pre-judgment interest - calculation of interest - date from which interest ran - date when cause of action arose - Civil Procedure Act 2005 (NSW), s 100(1)(b)

PRACTICE AND PROCEDURE - variation of orders - judgment sum failed to include judgment interest - variation to judgment sum to account for interest on money recovered by appellant Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Limitation Act 1969 (NSW), s 14 Cases Cited: Nu Line Construction Group Pty Ltd v Fowler [2014] NSWCA 51 Nu Line Construction Group Pty Ltd v Fowler (No 2) [2014] NSWCA 188 Category: Consequential orders Parties: Nu Line Construction Group Pty Ltd (Appellant) Peter Fowler (First Respondent) Gabriella Grippaudo (Second Respondent) Representation: Counsel: Mr T S Hale SC/Mr B R Kremer (Appellant) Mr H W M Stitt (Respondents) Solicitors: Diamond Conway (Appellant) Hunter Lawyers (Respondents) File Number(s): CA 2012/203010 Decision under appeal Jurisdiction: 9111 Citation: [2012] NSWSC 587; [2012] NSWSC 816 Before: Ward J File Number(s): 2008/280834