French & Ors v Smith & Ors

[2005] VSCA 114

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs of trial and appeal
4. › Mixed success of parties
5. › Whether costs should follow the event
6. › Whether costs should lie where they fall
7. › Discretion of court
1. Practice and Procedure
2. › Costs
3. › Solicitor and client costs
4. › Whether special considerations warranted departure from party and party basis
5. › Alleged hopeless claims
6. › Judicial warning during trial
1. Practice and Procedure
2. › Interest on judgments
3. › Penalty interest
4. › Date from which penalty interest payable
5. › Where appellate court reduces but does not reassess judgment sum
6. › Whether interest runs from date of original judgment or appellate order
7. › Supreme Court Act 1986 (Vic), s 101
1. Practice and Procedure
2. › Interest on judgments
3. › Penalty interest
4. › Principal sum upon which penalty interest calculated
5. › Whether s 60 interest merges with judgment sum to form single judgment debt
6. › Supreme Court Act 1986 (Vic), ss 60, 101

Quick Take

Where an appellate court reduces a judgment sum without reassessing damages on a materially different basis, penalty interest under s.101 of the Supreme Court Act 1986 (Vic) runs from the date of the original judgment, not the appellate order. Interest awarded as damages under s.60 merges with the principal judgment sum to form a single judgment debt on which s.101 interest accrues. Partial payments are appropriated first against accrued penalty interest. Payments into a joint account not accessible to the judgment creditor do not reduce the creditor's entitlement to penalty interest.