NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Checchia v Insurance Australia Ltd t/as NRMA Insurance (No 3) [2014] NSWSC 1209 Hearing dates: 29 August 2014 and on written submissions Decision date: 02 September 2014 Jurisdiction: Common Law Before: Hall J Decision: (1) The plaintiff is entitled to interest from 17 November 2006 to 26 March 2010 at the rate of 5% per annum. (2) I note that the parties have calculated that interest at 5% for the period 17 November 2006 to 26 March 2010, taking into account workers compensation payments, is the amount of $114,840. (3) I accordingly determine and order that the plaintiff is entitled on the motion to an order for interest in that amount in respect of the period specified in (2) above by way of variation of the judgment delivered on 6 June 2014. (4) Each party is to pay its own costs in respect of the Notice of Motion filed 20 June 2014. Catchwords: COSTS - discretion to award pre-judgment interest under s 100 of the Civil Procedure Act - clarification and variation of orders previously made in respect of pre-judgment interest Legislation Cited: Civil Procedure Act 2005 Motor Accidents Compensation Act 1999 Suitors' Fund Act 1951 Uniform Civil Procedure Rules 2005 Cases Cited: Checchia v Insurance Australia Ltd t/as NRMA Insurance [2013] NSWSC 674 Checchia v Insurance Australia Ltd t/as NRMA Insurance (No 2) [2014] NSWSC 748 Haines v Bendall (1991) 172 CLR 60 Insurance Australia Ltd t/as NRMA Insurance v Checchia [2011] NSWCA 101 MBP (SA) Pty Ltd v Gogic (1991) 171 CLR 657 Pheeney v Doolan (No 2) [1977] 1 NSWLR 601 Screenco Pty Ltd v R L Dew Pty Ltd (2003) 58 NSWLR 720 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Consequential orders Parties: John Checchia (Plaintiff) Insurance Australia Ltd t/as NRMA Insurance (Defendant) Representation: Counsel: S Dixon (Plaintiff) K Rewell SC (Defendant) Solicitors: Young and Muggleton (Plaintiff) Moray & Agnew (Defendant) File Number(s): 2007/263856
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