Allen v St George Bank [2003] NSWCC 2

Allen v St George Bank [2003] NSWCC 2

The Court refused to vary the certificate or relieve the claimant on the Motion from interest because the costs order carried a prima facie right to interest under s 110, the costs were not paid within the 21-day period, and the claimant's solicitors delayed taking action to vary the right to interest until the Motion filed on 3 December 2002, providing no proper basis to exercise the discretion to order that interest not be payable.

Jurisdiction
Australia
Judgment Date
18 February 2003
Procedural Posture
Workers Compensation Motion Concerning Costs Interest Certificate / Ex Tempore Judgment on Notice of Motion Seeking Reconsideration of Registrar's Act Issuing Certificate
Outcome
Motion refused.
Legal Topics
['interest on Costs' "review of Registrar's Act" 'costs Certificate' 'time for Review Application']
['workers Compensation' 'costs' 'civil Procedure'] ['interest on Costs' "review of Registrar's Act" 'costs Certificate' 'time for Review Application']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Workers Compensation Motion Concerning Costs Interest Certificate / Ex Tempore Judgment on Notice of Motion Seeking Reconsideration of Registrar's Act Issuing Certificate

Legal Issues

  1. 1 ["Whether the Court should reconsider the Registrar's issuing of a certificate pursuant to s 23(1)(c) of the Compensation Court Act 1984." 'Whether interest was payable on the costs ordered by consent on 4 February 2002 or whether the certificate should be varied to provide that no interest, or limited interest, was payable.' 'Whether the application was affected by delay and the requirements of Pt 27 r 2 of the Compensation Court Rules 1990.']

Ratio Decidendi

The Court refused to vary the certificate or relieve the claimant on the Motion from interest because the costs order carried a prima facie right to interest under s 110, the costs were not paid within the 21-day period, and the claimant's solicitors delayed taking action to vary the right to interest until the Motion filed on 3 December 2002, providing no proper basis to exercise the discretion to order that interest not be payable.

Court Disposition

Motion refused.

Orders

  • ['The Motion is refused.' "The claimant/respondent must pay the respondent/applicant's costs."]