A pecuniary award made to adjust property interests under Part IX of the Property Law Act 1958 (Vic) is neither a 'debt or sum certain' within s 58 nor 'a debt or damages' within s 60(1) of the Supreme Court Act 1986 (Vic), and accordingly statutory interest does not run on such awards, though an amount akin to interest may be incorporated into the adjustment itself. Interest is payable on equitable compensation for breach of confidence on equitable principles as an element of restitution, not penalty. Where unreasonable delay in proceedings is attributable to the successful party, there is good cause to limit the interest period. Adverse credibility findings against a successful party may justify a percentage reduction in costs but do not of themselves warrant denial of costs or a costs order in favour of the unsuccessful party.
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