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Masson v State of Queensland (No 2) QCA 188
SUPREME COURT OF QUEENSLAND
Masson v State of Queensland  QCA 188
THE ESTATE OF THE LATE JENNIFER LEANNE MASSON
Appeal No 8805 of 2018
SC No 306 of 2005
Court of Appeal
Miscellaneous Application – Civil – Further Orders
Supreme Court at Cairns –  QSC 162 (Henry J)
13 September 2019
Heard on the papers
Fraser and McMurdo JJA and Boddice J
INTEREST – RECOVERABILITY OF INTEREST – AWARD OF INTEREST AS DAMAGES – IN QUEENSLAND – where there was no judgment in favour of the plaintiff at first instance, but judgment was given to the plaintiff by the Court of Appeal – where the parties, after receiving judgment in the appeal, jointly proposed orders as to the amount the plaintiff should be given judgment – where those proposed orders included an order that post-judgment interest be calculated from the date of the trial judgment – whether post-judgment interest should accrue from the date of the Court of Appeal’s judgment, instead of the date of the trial judgment – whether the court can otherwise give effect to the agreement between the parties
Civil Proceedings Act 2011 (Qld), s 59
Rogers v Brambles Australia Ltd  1 Qd R 212;  QCA 437, followed
No appearance by the appellant, the appellant’s submissions were heard on the papers
No appearance by the respondent, the respondent’s submissions were heard on the papers
RMB Lawyers for the appellant
Crown Law for the respondent
- THE COURT: On 10 May 2019, the Court gave judgment in this appeal, ordering that the appeal be allowed, the orders made by the trial judge be set aside and that the parties file and exchange written submissions as to the amount for which the appellant should be given judgment and as to the costs of the appeal and in the trial division. In his judgment, the trial judge had recorded that “quantum” was agreed in the amount of $3,000,000.
- This Court received a submission from the parties, which included an agreed form of judgment. The proposed orders for costs were appropriate. But there was a complication as to what should be ordered for interest.
- The parties proposed that there be orders that the respondent pay to the appellant $3,000,000 as “agreed damages, including interest up to judgment”, and that it pay interest “after judgment”, under s 59 of the Civil Proceedings Act 2011 (Qld), in the sum of $616.44 per day, calculated from 23 July 2018, which was the date on which the judgment under appeal was delivered.
- In a case such as this, where there was no judgment in favour of the plaintiff at first instance, but judgment is given to the plaintiff by the Court of Appeal, interest under s 59 accrues only from the date of this Court’s judgment: Rogers v Brambles Australia Ltd. Consequently the parties were asked to reconsider what they had proposed for interest and to provide further submissions by 19 June 2019.
- Further submissions on the question were received. For the respondent, initially it was submitted that interest under s 59 should accrue from the date of this Court’s judgment on that sum of $3,000,000. There was a delay in the receipt of submissions for the appellant. Subsequently, there were further submissions for the respondent, from which it appears that the parties are agreed that, by some means, the sum of $616.44 per day should accrue from the date of the judgment in the trial division.
- In the Court’s view, effect can be given to that agreement by giving judgment to the appellant for an amount consisting of $3,000,000 plus $179,384, which is the amount of $616.44 multiplied by the 291 days between the judgment of the trial judge and the judgment of this Court. Interest under s 59 would then be made payable in the sum of $616.44 per day, from 10 May 2019. Under s 59(3) the interest is payable at the rate prescribed under a practice direction, unless the Court otherwise orders, which the Court would be doing in this case.
- The orders will be as follows:
- The respondent is to pay the appellant the amount of $3,179,384, inclusive of interest until judgment.
- The respondent is to pay interest under s 59 of the Civil Proceedings Act 2011 (Qld) in the sum of $616.44 per day from 10 May 2019, until payment.
- The respondent is to pay the appellant’s costs of the proceeding in the trial division, including reserved costs, to be assessed, if not agreed, on the indemnity basis.
- The respondent is to pay the appellant’s costs of the appeal to be assessed, if not agreed, on the standard basis.
 Masson v State of Queensland  QCA 80.
 Masson v State of Queensland  QSC 162 at .
  1 Qd R 212;  QCA 437 per Pincus JA referring to L Shaddock & Associates v Parramatta City Council (No 2) (1982) 151 CLR 590;  HCA 59, Nicol v Allyacht Spars Pty Ltd (No 2) (1988) 165 CLR 306;  HCA 48, Schultz & Anor v Official Trustee in Bankruptcy  QSCFC 140 and Jorgensen v Olive  2 Qd R 168;  QSC 654.
- Published Case Name:
Masson v State of Queensland
- Shortened Case Name:
Masson v State of Queensland (No 2)
 QCA 188
Fraser JA, McMurdo JA, Boddice J
13 Sep 2019
|Event||Citation or File||Date||Notes|
|Primary Judgment|| QSC 162 (2018) Aust Torts Reports ¶82-399||23 Jul 2018||Plaintiff's claim for damages for negligence dismissed: Henry J.|
|Appeal Determined (QCA)|| QCA 80||10 May 2019||Appeal allowed; orders made 23 July 2018 and 8 August 2018 set aside; parties file submissions as to the amount for which the appellant should be given judgment and as to costs: Fraser and McMurdo JJA and Boddice J.|
|Appeal Determined (QCA)|| QCA 188||13 Sep 2019||Form of order and costs: Fraser and McMurdo JJA and Boddice J.|
|Special Leave Granted (HCA)|| HCATrans 233||15 Nov 2019||Special leave granted: Gageler and Nettle JJ.|
|HCA Transcript|| HCATrans 80||11 Jun 2020||Appeal heard; decision reserved: Kiefel CJ, Bell, Keane, Nettle and Gordon JJ.|
|HCA Judgment|| HCA 28; (2020) 94 ALJR 785; (2020) 381 ALR 560||13 Aug 2020||Appeal allowed; orders of Court of Appeal set aside and in lieu appeal to that court dismissed: Kiefel CJ, Bell, Keane, Nettle and Gordon JJ.|