The Court held that where a plaintiff has not yet paid invoices underlying an indemnity claim, pre-judgment interest under s 100 of the Civil Procedure Act 2005 (NSW) should be limited to the interest actually accrued on those invoices, rather than calculated at court rates on the full amount, to avoid over-compensation. On costs, the Court declined to apportion costs despite the plaintiff's failure on a cl 3.3(a) advance costs claim, finding that issue was not clearly dominant or separable from the successful cl 3.1 claim. The Court also ordered that indemnity payments be directed through the plaintiff's solicitors' trust account to the third-party law firms to whom the liabilities were owed, rather than to the plaintiff directly.
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