Wardy v Wardy & Ors (No. 2) [2014] NSWSC 809

Wardy v Wardy & Ors (No. 2) [2014] NSWSC 809

John Wardy is entitled to interest on costs paid pursuant to the costs orders except in relation to the costs payable by William and Sam Wardy, because family provision orders in their favour were determined without consideration of possible interest liability. The purpose of interest is compensatory, and no discretionary reason exists to refuse interest on costs where a party is out of pocket. Interest is not awarded for costs incurred but not paid, as current law under s 101 Civil Procedure Act only allows interest from date of payment.

Jurisdiction
Australia
Judgment Date
04 June 2014
Procedural Posture
Costs Application (family Provision/probate Proceedings) / Post Judgment; Determination of Entitlement to Interest on Costs
Outcome
Orders made for interest on costs as determined in the reasons for judgment.
Legal Topics
['interest on Costs' 'family Provision' 'civil Procedure' 'discretion in Awarding Costs Interest']
['equity' 'probate' 'costs'] ['interest on Costs' 'family Provision' 'civil Procedure' 'discretion in Awarding Costs Interest']

Case Brief

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Procedural Posture

Costs Application (family Provision/probate Proceedings) / Post Judgment; Determination of Entitlement to Interest on Costs

Legal Issues

  1. 1 ['Whether John Wardy is entitled to interest on costs payable by other parties under previous orders' 'Whether Sam and William Wardy are liable to pay interest on costs to John Wardy given prior family provision orders' 'Whether interest on costs may be awarded when costs were incurred but not paid' 'Application of discretion in awarding interest on costs']

Ratio Decidendi

John Wardy is entitled to interest on costs paid pursuant to the costs orders except in relation to the costs payable by William and Sam Wardy, because family provision orders in their favour were determined without consideration of possible interest liability. The purpose of interest is compensatory, and no discretionary reason exists to refuse interest on costs where a party is out of pocket. Interest is not awarded for costs incurred but not paid, as current law under s 101 Civil Procedure Act only allows interest from date of payment.

Court Disposition

Orders made for interest on costs as determined in the reasons for judgment.

Orders

  • ['John Wardy awarded interest on costs he paid, as per the various costs orders, except in relation to costs payable by William and Sam Wardy.' 'No interim payment ordered to John Wardy from the estate at this stage; liberty to apply reserved.' 'Orders that costs of Hassiba Wardy, William Wardy, and Sam Wardy in...