Kabic v AAI Limited t/as GIO (No 2)

[2019] NSWCA 311

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Interest
4. › Post-judgment interest
5. › Where appeal successful
6. › Whether judgment should be backdated to date of first instance orders
7. › Whether post-judgment interest should run from date of first instance orders or date of appellate orders
8. › Civil Procedure Act 2005 (NSW), s 101
9. › Uniform Civil Procedure Rules 2005 (NSW), r 36.4(3)

Quick Take

Where an appeal results in an increased judgment and no pre-judgment interest was claimed, the Court of Appeal may backdate the judgment to the date of the first instance orders so that post-judgment interest runs from that earlier date, and this power may be exercised differentially between parties entitled to different portions of the judgment sum.