Where a substituted judgment is entered on appeal, the proper form is a judgment taking effect from the date of the original orders below, so that interest runs under s 101 of the Civil Procedure Act 2005 (NSW) from that date. Where a trial involved a broader range of issues than the appeal, including a failed attack on a party's honesty not renewed on appeal, the successful party's costs at first instance should not be discounted for issues lost.
The full text is available to signed-in members.