Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 11) [2021] NSWSC 1626

Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 11) [2021] NSWSC 1626

It is not just for UNIQA to have interest on the costs ordered in February 2018 beyond three years after the order due to unreasonable delay in negotiation and serving an itemised bill; thus, interest is not payable beyond 13 February 2021.

Jurisdiction
Australia
Judgment Date
13 December 2021
Procedural Posture
Commercial List / Application Regarding Interest on Costs Following Previous Costs Orders
Outcome
Order for limitation of interest on costs; applicant's motion dismissed; parties pay their own costs.
Legal Topics
['interest on Costs' 'civil Procedure Act S 101(4)' 'delay in Serving Bill of Costs' 'negotiation of Quantum']
['costs'] ['interest on Costs' 'civil Procedure Act S 101(4)' 'delay in Serving Bill of Costs' 'negotiation of Quantum']

Case Brief

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Procedural Posture

Commercial List / Application Regarding Interest on Costs Following Previous Costs Orders

Legal Issues

  1. 1 ['Whether interest should be payable on the costs order made in 2018 beyond three years after the order' 'Whether application for an order that interest not be payable constitutes a variation of the original costs order under Uniform Civil Procedure Rules']

Ratio Decidendi

It is not just for UNIQA to have interest on the costs ordered in February 2018 beyond three years after the order due to unreasonable delay in negotiation and serving an itemised bill; thus, interest is not payable beyond 13 February 2021.

Court Disposition

Order for limitation of interest on costs; applicant's motion dismissed; parties pay their own costs.

Orders

  • ['Pursuant to s 101(4) of the Civil Procedure Act 2005 (NSW) interest is not payable by the Second Defendant to the Third Defendant in respect of the costs order made on 13 February 2018 beyond 13 February 2021.' "The Third Defendant's Notice of Motion of 20 October 2021 is dismissed." "No order as to the costs of...