The usual practice of the Victorian Court of Appeal is to calculate damages in the nature of interest down to the date of judgment in the Court of Appeal, not the date of judgment below. Where a successful respondent has been deprived of the fruits of judgment by a stay as of right, a higher rate of interest may be awarded for the post-judgment period. Refusal of offers of compromise where the offeror ultimately recovers more than offered warrants solicitor and client costs under Rule 26.12(4).
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
1 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.