Loss of the use of money is a head of damages – plaintiffs had suffered an economic loss by being deprived of the use of the money paid in unnecessary tax and had been deprived of the opportunity to invest – alternatively, they had incurred a borrowing cost and had suffered loss by having to borrow money to pay their tax – damages were therefore recoverable and measured by reference to compound interest rates: Hungerfords v Walker (1989) 171 CLR 125

Damages – interest – Court made final orders disposing of appeal – point of controversy concerned appellants’ entitlement to damages in nature of interest in accordance with Hungerfords v Walker [1989] HCA 8 – appellants contended they were entitled to compound interest – respondent conceded only entitlement to simple interest – held: award of simple interest inadequate to compensate appellants for losses incurred due to respondent’s contraventions of Fair Trading Act 1990 (Tas) – appellants could only be properly compensated by award of compound interest – appropriate to assess appellants’ Hungerfords v Walker damages on compound interest basis: Kronenberg v Bridge (No 2) [2015] TASFC 9

Whether the allowance of interest upon a loss actually incurred as being the allowance of interest upon interest merely because interest was one of the outgoings brought into the calculation of the loss – no – Hungerfords v Walker distinguished: Howell v Bostaran Pty Ltd P L (unreported decision of Davies J Fed Ct 28 Jun 1994)

Breach of trust – rate of interest – degree of negligence of trustees irrelevant to rate of interest: Alemite Lubrequip Pty Ltd v Adams (1997) 41 NSLWR 45

Whether payable for period of delay caused by plaintiff –  where period of delay occasioned by its late joinder of defendant by plaintiff – whether interest payable for period of delay: NRMA Ltd v Morgan (No 3) [1999] NSWSC 768

Post-judgment – pre-judgment – application for payment of interest on judgment – interest sought for both pre-judgment and post-judgment periods: Hanave Pty Ltd v LFOT Pty Ltd [2003] FCA 1154

Interest where repudiation of commercial lease: Glentham Pty Ltd v Luxer Holdings Pty Ltd [2006] WASC 132 (S)

Interest upon equitable damages awarded for breach of confidence: Giller v Procopets (No 2)  [2009] VSCA 72 at [135]–[142] and [398]–[403]

Taxation implications on awards of interest – whether interest on amount of judgment itself awarded under s 95 Supreme Court Act (NSW) is income: Whitaker v Federal Commissioner of Taxation (1998) 153 ALR 334

Calculation of interest under s 57 of the Insurance Contracts Act 1984 (Cth) – date from which it was unreasonable for insurers to withhold payment: Ransley v Chubb Insurance Company of Australia Ltd [2015] NSWSC 1350