Green v Schneller [2003] NSWSC 202

Green v Schneller [2003] NSWSC 202

Given the defendant's actions in attempting to put assets beyond reach of creditors and the resultant delay in recovering costs, as well as the absence of unreasonable delay by the plaintiff, the plaintiff is entitled to interest on the costs awarded from 7 November 2001 to 22 November 2002 at the rates applicable...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 April 2003
Procedural Posture
Civil / Post Judgment Application Regarding Interest on Costs
Outcome
Application granted in part; orders made regarding interest on costs and allocation of costs for the notice of motion and certain hearings.
Legal Topics
['interest on Costs' 'bankruptcy' 'defamation' 'enforcement of Judgments']
['civil Procedure'] ['interest on Costs' 'bankruptcy' 'defamation' 'enforcement of Judgments']

Source-derived case record

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Procedural Posture

Civil / Post Judgment Application Regarding Interest on Costs

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to interest on costs awarded from 7 November 2001 to 22 November 2002' 'Whether delays caused by the plaintiff or defendant affect the entitlement to interest' "The relevance of the defendant's personal circumstances to the exercise of discretion for awarding interest"]

Ratio Decidendi

Given the defendant's actions in attempting to put assets beyond reach of creditors and the resultant delay in recovering costs, as well as the absence of unreasonable delay by the plaintiff, the plaintiff is entitled to interest on the costs awarded from 7 November 2001 to 22 November 2002 at the rates applicable under Schedule J to the Supreme Court Rules.

Court Disposition

Application granted in part; orders made regarding interest on costs and allocation of costs for the notice of motion and certain hearings.

Orders

  • ['The defendant is to pay interest at the rates applicable under Schedule J to the Supreme Court Rules on the costs awarded to the plaintiff from 7 November 2001 to 22 November 2002.' "The defendant is to pay the plaintiff's costs of and incidental to the notice of motion, other than the costs incurred in the...