Mules v Ferguson

[2015] QCA 77

Queensland Court of Appeal

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Catchwords

1. Practice and Procedure
2. › Interest on judgments
3. › Pre-judgment interest
4. › Discretion to award interest
5. › Successful appellant who failed at first instance
6. › Whether interest payable on entire judgment sum from date of first instance judgment
7. › Civil Proceedings Act 2011 (Qld), ss 58(3), 59(2)
1. Practice and Procedure
2. › Interest on judgments
3. › Post-judgment interest
4. › Date from which interest runs
5. › Whether court should vary date of judgment for interest purposes
6. › Whether 'wrongdoing' or 'unreasonable act' required
7. › Civil Proceedings Act 2011 (Qld), s 59(2)

Quick Take

Where an appellant succeeds on appeal after failing at first instance, the court will not ordinarily exercise its discretion under s 58(3) or s 59(2) of the Civil Proceedings Act 2011 (Qld) to order interest on the entire judgment sum from the date of the first instance judgment. Post-judgment interest runs from the date of the appellate judgment unless there is 'wrongdoing' or an 'unreasonable act' by the respondent beyond mere retention of the money. Additional pre-judgment interest on past loss components remains payable.