Ward & Ors v HCOA Operations (Australia) Pty Ltd) & Anor [2013] QSC 92

Ward & Ors v HCOA Operations (Australia) Pty Ltd) & Anor [2013] QSC 92


Chief Justice
1. Declaration sought by second defendant refused.
2. Applications filed 15 February 2013 (by first defendant) and 19 February 2013 (by second defendant) dismissed.
3. Costs to be assessed, as necessary, on the standard basis.
PROCEDURE – JUDGMENTS AND ORDERS – INTEREST ON JUDGMENTS – TIME FROM WHICH INTEREST RUNS – the court sanctioned the settlement of an infant’s damages claim – a court order was made, requiring the defendants to pay the compromise sum within 21 days of the order, or within 21 days of the defendants’ receipt of the last of any statutory clearances or charges in relation to the damages, whichever was the later to occur – the compromise sum was not paid immediately but was paid within the timeframe required by the order – the parties did not exclude an entitlement to interest in the settlement agreement – the third plaintiff sought interest from the date of the order until payment of the compromise sum occurred – whether the sanction order was a “money order” within the meaning of the Civil Proceedings Act 2011 – whether interest was payable by the second defendant pursuant to s 59 of the Civil Proceedings Act 2011
David Cormack – Brisbane Barrister

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