Woods v Woods [2001] NSWSC 1108

Woods v Woods [2001] NSWSC 1108

The Supreme Court retains power under s 76 of the Supreme Court Act 1970 to order interest on costs from a date prior to payment, and this power is not limited or displaced by s 95(4), which does not expressly limit the breadth of the general discretion conferred by s 76. The Court will order interest from when the successful party became liable to her lawyers for interest, considering her impoverished position and special costs arrangement.

Parties
Plaintiff: Glenn Woods; Plaintiff: Marcia Woods; First Defendant/cross Claimant: Desre Clair Woods; Second Defendant: Richard Lee Woods; Third Defendant: Amanda Jane Woods
Jurisdiction
Australia
Judgment Date
04 December 2001
Procedural Posture
Civil Equity / Application for Interest on Costs After Substantive Orders
Outcome
Interest on costs awarded from the time at which the first defendant became liable to lawyers for interest, specifically from 31 March 1999 for costs up to that date, and from 6 September 2001 for further costs ordered.
Legal Topics
Interest on Costs, Statutory Interpretation, Costs Orders, Jurisdiction of Court
Civil Procedure Equity Interest on Costs Statutory Interpretation Costs Orders Jurisdiction of Court

Case Brief

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Parties

Glenn Woods

Plaintiff

Marcia Woods

Plaintiff

Desre Clair Woods

First Defendant/cross Claimant

Richard Lee Woods

Second Defendant

Amanda Jane Woods

Third Defendant

Procedural Posture

Civil Equity / Application for Interest on Costs After Substantive Orders

Legal Issues

  1. 1 Whether the Supreme Court has power to order interest on costs from a date prior to the actual payment of those costs under the Supreme Court Act 1970, specifically in light of ss 76 and 95(4).

Ratio Decidendi

The Supreme Court retains power under s 76 of the Supreme Court Act 1970 to order interest on costs from a date prior to payment, and this power is not limited or displaced by s 95(4), which does not expressly limit the breadth of the general discretion conferred by s 76. The Court will order interest from when the successful party became liable to her lawyers for interest, considering her impoverished position and special costs arrangement.

Court Disposition

Interest on costs awarded from the time at which the first defendant became liable to lawyers for interest, specifically from 31 March 1999 for costs up to that date, and from 6 September 2001 for further costs ordered.

Orders

  • Interest on the costs of the proceedings up to 31 March 1999 is to run from 31 March 1999.
  • For the costs of the Mareva relief and balance of costs ordered on 6 September 2001, interest is to run from 6 September 2001.