CIVIL PROCEDURE — where matter undefended — post-judgment interest — s 101 of the Civil Procedure Act 2005 (NSW) — interest to accrue from the day after the original judgments — objection to instalment order — order rescinded
COSTS — whether costs should follow the event — where complete victory for plaintiffs — costs to follow the event
Quick Take
1Section 101(6) of the Civil Procedure Act 2005 (NSW) prohibits the court from ordering interest on interest payable under s 101, and accordingly a judgment for post-judgment interest cannot itself be made to bear further statutory interest from the date it takes effect.
2On an objection to an instalment order under r 37.3(3) UCPR, the hearing is de novo; the judgment debtor bears the onus of establishing that payment by instalments will enhance the judgment creditor's prospects of full recovery, and failure to adduce evidence or appear is fatal to the application.
