Ingot Capital Investment & Ors v Macquarie Equity Capital Markets & Ors [No.8] [2008] NSWSC 880

Ingot Capital Investment & Ors v Macquarie Equity Capital Markets & Ors [No.8] [2008] NSWSC 880

The objective evidence showed a concluded compromise between Trowbridge and the plaintiffs as to costs (excluding a gross sum order) in the short minutes handed up on 6 February 2008; interest was not included in those orders. Thus, there was no basis for the court to reopen the question of interest on costs or to apply the slip rule or variation principles. Trowbridge’s notice of motion filed 27 May 2008 was dismissed.

Jurisdiction
Australia
Judgment Date
03 July 2008
Procedural Posture
Application to Reopen Order Regarding Costs / Post Judgment Motion for Variation of Costs Order
Outcome
Notice of motion dismissed
Legal Topics
['consent Orders' 'costs' 'variation of Judgment' 'interest on Costs']
['contract' 'procedure'] ['consent Orders' 'costs' 'variation of Judgment' 'interest on Costs']

Case Brief

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Procedural Posture

Application to Reopen Order Regarding Costs / Post Judgment Motion for Variation of Costs Order

Legal Issues

  1. 1 ['Whether leave should be granted to reargue interest on costs for Trowbridge' 'Whether the short minutes of order signed and handed up on 6 February 2008 constitute a contractual compromise that excludes interest on costs' 'Whether UCPR r 36.15, r 36.16 or r 36.17 applies']

Ratio Decidendi

The objective evidence showed a concluded compromise between Trowbridge and the plaintiffs as to costs (excluding a gross sum order) in the short minutes handed up on 6 February 2008; interest was not included in those orders. Thus, there was no basis for the court to reopen the question of interest on costs or to apply the slip rule or variation principles. Trowbridge’s notice of motion filed 27 May 2008 was dismissed.

Court Disposition

Notice of motion dismissed

Orders

  • ['Notice of motion filed on 27 May 2008 dismissed.' "Trowbridge to pay the plaintiffs' costs of the notice of motion."]