TIMMS & ORS. v. COMMONWEALTH BANK OF AUSTRALIA & ORS. [NO.3] [2004] NSWCA 25

TIMMS & ORS. v. COMMONWEALTH BANK OF AUSTRALIA & ORS. [NO.3] [2004] NSWCA 25

The claimants' entitlement to interest on assessed costs merged with the judgment upon filing of the Costs Certificate; as the application for interest was not made before entry of judgment, no order for interest could be granted.

Jurisdiction
Australia
Judgment Date
19 February 2004
Procedural Posture
Civil / Post Appeal Costs Motion
Outcome
Motion dismissed with costs.
Legal Topics
['interest on Costs' 'judgment Finality' 'merger of Claims']
['civil Procedure'] ['interest on Costs' 'judgment Finality' 'merger of Claims']

Case Brief

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Procedural Posture

Civil / Post Appeal Costs Motion

Legal Issues

  1. 1 ['Whether interest can be ordered on costs after entry of judgment for costs' 'Whether claim for interest on costs is an independent cause of action']

Ratio Decidendi

The claimants' entitlement to interest on assessed costs merged with the judgment upon filing of the Costs Certificate; as the application for interest was not made before entry of judgment, no order for interest could be granted.

Court Disposition

Motion dismissed with costs.

Orders

  • ['Motion seeking interest on costs dismissed with costs.']