Locke v Bova & Anor [2009] NSWSC 408

Locke v Bova & Anor [2009] NSWSC 408

The terms of settlement used conventional verdict and judgment language and were intended to carry the usual incidents of such language, as where verdict and judgment follows trial. Accordingly, the Court could order interest on amounts already paid by Mrs Locke on account of costs to the extent they comprised party/party costs.

Jurisdiction
Australia
Judgment Date
19 May 2009
Procedural Posture
Professional Negligence Claim; Costs Application / Judgment on Costs After Settlement, Entry of Judgment and Recent Assessment of Costs
Outcome
Order for interest on the party/party component of costs paid by Mrs Locke; respondents to pay costs.
Legal Topics
['interest on Paid Costs' 'party/party Costs' 'interpretation of Terms of Settlement' 'consent Judgment']
['civil Procedure' 'costs'] ['interest on Paid Costs' 'party/party Costs' 'interpretation of Terms of Settlement' 'consent Judgment']

Case Brief

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Procedural Posture

Professional Negligence Claim; Costs Application / Judgment on Costs After Settlement, Entry of Judgment and Recent Assessment of Costs

Legal Issues

  1. 1 ['Whether Mrs Locke was entitled to interest on the party/party component of costs she had already paid to her solicitor.' 'Whether terms of settlement expressed in conventional judgment language should be construed like a conventional judgment following trial or only as a contract excluding interest on costs.']

Ratio Decidendi

The terms of settlement used conventional verdict and judgment language and were intended to carry the usual incidents of such language, as where verdict and judgment follows trial. Accordingly, the Court could order interest on amounts already paid by Mrs Locke on account of costs to the extent they comprised party/party costs.

Court Disposition

Order for interest on the party/party component of costs paid by Mrs Locke; respondents to pay costs.

Orders

  • ['Interest in respect of the amounts paid by Mrs Locke on account of costs to be paid by the respondents to the extent that they comprise party/party costs.' "Liberty to apply on three days' notice, such notice to be given on or before 28 May 2009." 'The respondents to pay costs.' 'Mrs Locke must have the costs of...