Wentworth v Rogers & Anor (No. 1) [2002] NSWSC 651

Wentworth v Rogers & Anor (No. 1) [2002] NSWSC 651

The Court dismissed the application for interest on costs from a date prior to the assessment, finding that the circumstances did not justify displacing the normal operation of statutory provisions, particularly as there was no evidence of out-of-pocket loss to the plaintiff, no relevant arrangement as to interest with her legal representatives, and the grant of stay during appeal was a normal part of litigation.

Parties
Plaintiff: Katherine Wentworth; Defendant: Gordon John Rogers
Jurisdiction
Australia
Judgment Date
20 August 2002
Procedural Posture
Application / Judgment on Application for Interest on Costs
Outcome
Application dismissed
Legal Topics
Costs, Interest on Costs, Jurisdiction
Civil Procedure Costs Interest on Costs Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Katherine Wentworth

Plaintiff

Gordon John Rogers

Defendant

Procedural Posture

Application / Judgment on Application for Interest on Costs

Legal Issues

  1. 1 Whether interest on costs should be awarded from a date earlier than the date of assessment in the circumstances of this case.

Ratio Decidendi

The Court dismissed the application for interest on costs from a date prior to the assessment, finding that the circumstances did not justify displacing the normal operation of statutory provisions, particularly as there was no evidence of out-of-pocket loss to the plaintiff, no relevant arrangement as to interest with her legal representatives, and the grant of stay during appeal was a normal part of litigation.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • No order as to costs.