When a plaintiff settles with some defendants and proceeds to trial against others, statutory interest under ss 58 or 60 of the Supreme Court Act 1986 (Vic) must be calculated on the full damages amount up to the date of receipt of the settlement contribution before the contribution is deducted. A demand for repayment addressed to a fictitious borrower may constitute a demand from the actual fraudster for purposes of s 58(1) where the fraudster received and understood the demand. The onus is on the plaintiff to adduce evidence that a settlement sum included amounts for non-concurrent claims (such as costs) before any allocation away from the concurrent claim will be permitted.
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