Maestrale v Aspite (No 2) [2014] NSWCA 302

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Maestrale v Aspite (No 2) [2014] NSWCA 302 Hearing dates: On the papers Decision date: 03 September 2014 Before: Beazley P; Macfarlan JA; Barrett JA Decision: 1. Vary order (2) made on 6 June 2014, with effect from that date, to read: Set aside the award of damages made by her Honour and in lieu thereof order that the respondents pay to the appellant damages in the sum of $273,298.00 together with pre-judgment interest in the sum of $120,631.12, so that the judgment sum payable to the appellant is $393,929.12. 2. The respondents to pay to the appellant: (a) If all monies owing by the respondents are paid to the appellant pursuant to these orders within 28 days, post-judgment interest in the sum of $15,358.26; or (b) Otherwise, post-judgment interest on the amount of the judgment sum as is from time to time unpaid, calculated in accordance with the Civil Procedure Act 2005, s 101. 3. The appellant to pay the respondents' costs of the parties' further submissions on the calculation of interest. [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 interest - Civil Procedure Act 2005, s 100(1) - calculation of interest - date from which pre-judgment interest should run