Court orders that identify the interest rate by reference to Schedule 5 of the UCPR (now repealed) should be understood as orders for payment at the prescribed rate under s 101(2) of the Civil Procedure Act 2005 (NSW); the repeal of Schedule 5 and relocation of the prescribed rate to r 36.7 does not extinguish the obligation to pay interest. Court orders should be construed purposively, not with an element of literalism that disregards the purpose of the order.
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