Esanda Finance Corporation Limited v Strong (No 2)
[2011] QDC 167
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- Unreported Judgment
- Esanda Finance Corporation Limited v Strong (No 2)[2011] QDC 167
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Esanda Finance Corporation Limited v Strong (No 2)[2011] QDC 167
Esanda Finance Corporation Limited v Strong (No 2)[2011] QDC 167
DISTRICT COURT | [2011] QDC 167 |
CIVIL JURISDICTION | |
JUDGE ROBIN QC | |
No 1967 of 2010 | |
ESANDA FINANCE CORPORATION LIMITED | Plaintiff |
and | |
STRONG & ANOR | Defendant |
BRISBANE | |
DATE 03/08/2011 | |
ORDER | |
CATCHWORDS | Uniform Civil Procedure Rules r 660 Order made fixing date when a judgement takes effect to ensure that plaintiff does not lose interest |
HIS HONOUR: This is ESANDA Finance Corporation Limited & Strong & Another, 1967 of 2010.
On 12 July the Court indicated that it would make certain orders in favour of the plaintiff on its application for summary judgment. See [2011] QDC 151. It was not possible on that date for the Court to be satisfied as to the appropriate interest calculation.
In the interim, the plaintiff’s officer, Mr Parker, who gave oral evidence which confirmed that the situation was confusing, has produced an affidavit resolving that confusion.
The defendants have had, but done nothing pursuant to an opportunity to challenge the plaintiff’s revised interest calculation.
In the circumstances, it's appropriate now to make an order in terms of the draft proffered by the plaintiff which I will now initial.
Given that it's now 3 August, the delay being attributable to the absence from the jurisdiction of my usual associate, it's appropriate to include in the order pursuant to Rule 660 that the judgment takes effect from the 12 July 2011, otherwise the plaintiff may suffer an unwarranted loss of interest.Order as per initialled draft.