Zepinic v Chateau Constructions (Australia) Ltd (No 2) [2013] NSWCA 227

Zepinic v Chateau Constructions (Australia) Ltd (No 2) [2013] NSWCA 227

An application for interest on costs under s 101(4) Civil Procedure Act 2005 is incompetent if not sought at the time of the costs order or within the timeframe allowed by UCPR 36.16. The legislative provisions, case law, and principle of finality of judgments preclude awarding interest on costs at this late stage.

Jurisdiction
Australia
Judgment Date
18 July 2013
Procedural Posture
Interlocutory Application / Hearing of Amended Notice of Motion
Outcome
Amended notice of motion dismissed.
Legal Topics
['costs' 'interest on Costs' 'variation of Judgment' 'finality of Judgments']
['civil Procedure'] ['costs' 'interest on Costs' 'variation of Judgment' 'finality of Judgments']

Case Brief

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Procedural Posture

Interlocutory Application / Hearing of Amended Notice of Motion

Legal Issues

  1. 1 ['Whether interest on costs under s 101(4) Civil Procedure Act 2005 can be ordered after the costs order has been made and outside the time limited by UCPR 36.16.' 'Whether the application for interest on costs is competent given the date of the original costs order.']

Ratio Decidendi

An application for interest on costs under s 101(4) Civil Procedure Act 2005 is incompetent if not sought at the time of the costs order or within the timeframe allowed by UCPR 36.16. The legislative provisions, case law, and principle of finality of judgments preclude awarding interest on costs at this late stage.

Court Disposition

Amended notice of motion dismissed.

Orders

  • ['Dismiss the amended notice of motion.' 'No order for costs.']