Grogan v Thiess Contractors Pty Limited & Anor [2000] NSWSC 1101

Grogan v Thiess Contractors Pty Limited & Anor [2000] NSWSC 1101

Section 95(4) was available in Common Law Division proceedings and was not displaced by s 95(3). The plaintiff was entitled to compensatory interest on costs actually paid and assessed as fair and reasonable, and the matters relied on by the defendants did not justify refusing interest. Because the costs assessor had not identified each allowed payment, interest for the first period was fixed by taking the midpoint between the parties' agreed alternative calculations, and interest for the second period was calculated using the defendants' method based on payments made by the time of the Court of Appeal judgment and considered fair and reasonable.

Jurisdiction
Australia
Judgment Date
22 December 2000
Procedural Posture
Summons Seeking Interest on Assessed Costs Under S 95 Supreme Court Act or Otherwise / Post Judgment Application After Costs Assessment
Outcome
Application allowed; defendants ordered to pay interest on the plaintiff's assessed costs and the plaintiff's costs of the summons.
Legal Topics
['interest on Costs' 'supreme Court Act 1970 S 95' 'discretion to Award Interest on Costs' 'assessment of Costs']
['civil Procedure' 'costs'] ['interest on Costs' 'supreme Court Act 1970 S 95' 'discretion to Award Interest on Costs' 'assessment of Costs']

Case Brief

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Procedural Posture

Summons Seeking Interest on Assessed Costs Under S 95 Supreme Court Act or Otherwise / Post Judgment Application After Costs Assessment

Legal Issues

  1. 1 ['Whether s 95(4) of the Supreme Court Act 1970 applied to a claim for interest on costs in Common Law Division proceedings notwithstanding s 95(3).' "Whether the plaintiff's conduct or delay disentitled him to an order for interest on costs." 'How interest on costs actually paid should be calculated where the costs assessor did not identify each allowed or disallowed payment.']

Ratio Decidendi

Section 95(4) was available in Common Law Division proceedings and was not displaced by s 95(3). The plaintiff was entitled to compensatory interest on costs actually paid and assessed as fair and reasonable, and the matters relied on by the defendants did not justify refusing interest. Because the costs assessor had not identified each allowed payment, interest for the first period was fixed by taking the midpoint between the parties' agreed alternative calculations, and interest for the second period was calculated using the defendants' method based on payments made by the time of the Court of Appeal judgment and considered fair and reasonable.

Court Disposition

Application allowed; defendants ordered to pay interest on the plaintiff's assessed costs and the plaintiff's costs of the summons.

Orders

  • ["The defendants pay interest on the plaintiff's costs assessed in the sum of $247,700.07." "The defendants pay the plaintiff's costs of summons."]