Wentworth v Rogers & Anor (No. 2) [2002] NSWSC 674

Wentworth v Rogers & Anor (No. 2) [2002] NSWSC 674

Given the applicant's unjustified and protracted delay in seeking assessment of the costs, it would be oppressive to order that interest run from the date of the original costs order; interest should only run from the date of the certificate of assessment.

Parties
Plaintiff: Katherine Wentworth; Defendant: Gordon John Rogers & Anor
Jurisdiction
Australia
Judgment Date
20 August 2002
Procedural Posture
Application / Judgment on Application for Interest on Costs
Outcome
Application refused; no order as to costs of the Notice of Motion.
Legal Topics
Interest on Costs, Assessment of Costs, Delay in Enforcement of Costs, Supreme Court Rules
Costs Civil Procedure Interest on Costs Assessment of Costs Delay in Enforcement of Costs Supreme Court Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Katherine Wentworth

Plaintiff

Gordon John Rogers & Anor

Defendant

Procedural Posture

Application / Judgment on Application for Interest on Costs

Legal Issues

  1. 1 Whether interest on costs should be ordered to run from a date earlier than the date of certificate of assessment
  2. 2 Whether delay in seeking assessment of costs should affect entitlement to interest from an earlier date

Ratio Decidendi

Given the applicant's unjustified and protracted delay in seeking assessment of the costs, it would be oppressive to order that interest run from the date of the original costs order; interest should only run from the date of the certificate of assessment.

Court Disposition

Application refused; no order as to costs of the Notice of Motion.

Orders

  • The application is refused.
  • No order is made as to costs of the Notice of Motion.