Schedule 5 rates remain the appropriate common yardstick for pre-judgment interest under s 100(1) of the Civil Procedure Act 2005 (NSW). A party seeking departure from those rates bears a persuasive and evidentiary burden. The Reserve Bank cash rate target, without more, is insufficient to displace Schedule 5 rates. A plaintiff's failure to pursue recovery from third parties is irrelevant to the interest calculation as between plaintiff and defendant.
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