Wood v Inglis [2010] NSWSC 749

Wood v Inglis [2010] NSWSC 749

The second and fourth cross-defendants should pay the cross-claimant's costs of the notice of motion because they, as directors or purported directors, set in motion the retainer that was successfully challenged. The court also ordered that interest at 7.5% per annum be payable on the proportionate amount of costs paid, as compensatory interest without any countervailing factors, consistent with usual practice under s 101 of the Civil Procedure Act 2005.

Jurisdiction
Australia
Judgment Date
04 March 2010
Procedural Posture
Cross Claim / Costs Order After Substantive Judgment
Outcome
Costs and interest orders granted against second and fourth cross-defendants.
Legal Topics
['costs' 'interest on Costs' 'authority of Solicitor']
['civil Procedure' 'equity'] ['costs' 'interest on Costs' 'authority of Solicitor']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Cross Claim / Costs Order After Substantive Judgment

Legal Issues

  1. 1 ['Whether costs should be borne by company where its solicitor acted without proper retainer' "Who should bear the costs when solicitor's retainer is successfully challenged" 'Whether interest should be paid on costs and at what rate']

Ratio Decidendi

The second and fourth cross-defendants should pay the cross-claimant's costs of the notice of motion because they, as directors or purported directors, set in motion the retainer that was successfully challenged. The court also ordered that interest at 7.5% per annum be payable on the proportionate amount of costs paid, as compensatory interest without any countervailing factors, consistent with usual practice under s 101 of the Civil Procedure Act 2005.

Court Disposition

Costs and interest orders granted against second and fourth cross-defendants.

Orders

  • ["Second and fourth cross-defendants to pay cross-claimant's costs of the notice of motion filed 16 July 2008." 'Interest to be paid on amounts payable under the costs orders at 7.5% per annum, on a proportionate basis, from the date of actual payment by the costs creditor until payment by the costs debtor.'...