Farkas v Northcity Financial Services Pty Ltd [2006] NSWSC 1036

Farkas v Northcity Financial Services Pty Ltd [2006] NSWSC 1036

The plaintiff was entitled to interest on costs he had actually paid from the dates of payment until payment by the fourth defendant, and to interest on the GST amount from the date that claim was notified until payment, because he had been out of his money and delay by the Costs Assessor did not justify reducing the award. However, interest was refused on costs awarded for work the plaintiff performed himself as junior counsel because s 101, read with s 101(5), is directed to amounts actually paid, and that work saved him paying a third party rather than putting him out of pocket.

Jurisdiction
Australia
Judgment Date
06 October 2006
Procedural Posture
Application for Interest on Costs Under S 101(4) of the Civil Procedure Act 2005 / Post Judgment Application After Costs Assessment and Review
Outcome
Interest awarded on costs excluding costs awarded to the plaintiff for work he did in the proceedings as junior counsel; interest on GST awarded from notification of the claim.
Legal Topics
['interest on Costs' 'costs Assessment' 'discretion to Award Interest' 'gst on Costs' 'costs for Work Performed by a Litigant Barrister']
['civil Procedure' 'costs'] ['interest on Costs' 'costs Assessment' 'discretion to Award Interest' 'gst on Costs' 'costs for Work Performed by a Litigant Barrister']

Case Brief

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Procedural Posture

Application for Interest on Costs Under S 101(4) of the Civil Procedure Act 2005 / Post Judgment Application After Costs Assessment and Review

Legal Issues

  1. 1 ['Whether interest should be paid on costs awarded to the plaintiff.' 'Whether delay in bringing the interest application or failure to plead interest precluded an award.' 'Whether interest should be awarded where the applicant is an individual rather than a commercial organisation.' 'Whether delay by the Costs Assessor should reduce or adjust the interest award.' 'Whether interest should be awarded on costs allowed for work performed by the plaintiff himself as junior counsel.' 'From what date interest should run on the GST component of the costs.']

Ratio Decidendi

The plaintiff was entitled to interest on costs he had actually paid from the dates of payment until payment by the fourth defendant, and to interest on the GST amount from the date that claim was notified until payment, because he had been out of his money and delay by the Costs Assessor did not justify reducing the award. However, interest was refused on costs awarded for work the plaintiff performed himself as junior counsel because s 101, read with s 101(5), is directed to amounts actually paid, and that work saved him paying a third party rather than putting him out of pocket.

Court Disposition

Interest awarded on costs excluding costs awarded to the plaintiff for work he did in the proceedings as junior counsel; interest on GST awarded from notification of the claim.

Orders

  • ['The plaintiff is entitled to an award of interest on his costs from the date on which the costs were paid by the plaintiff until the date those costs were paid by the fourth defendant.' 'The plaintiff is entitled to an award of interest on the GST amount from the date the claim was notified to the date the amount...