Interest and historical abuse claims

Interest in historical abuse claims is often a significant and thorny issue of dispute. The appeal decision in Province Leader of the Oceania Province of the Congregation of the Christian Brothers v Lawrence [2021] WASCA 77 is a salient decision about interest. The appeal against interest was dismissed and the cross-appeal increasing interest allowed. The trial judge’s ‘rough and ready’ approach fell short and the Court of Appeal exercised their discretion to increase interest from $400,000.00 to $560,000.00. Overall, the judgment entered was $1,498,122.00 less agreed deductions.

David Cormack

Brisbane Barrister and Mediator

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