T&DC Pty Limited v Workforce Clothing Pty Limited (No 3) [2016] NSWSC 1892

T&DC Pty Limited v Workforce Clothing Pty Limited (No 3) [2016] NSWSC 1892

Because the current s 101 makes interest payable on costs from the date of the costs order unless another date is ordered, the defendant's request was properly an application under s 101(5) for interest from another date. Although the Court accepted it had a discretionary power to order interest from the dates costs...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 December 2016
Procedural Posture
Costs Application / Application Determined on the Papers for Interest on Costs After Dismissal of Appeal
Outcome
Application for order that interest on costs be paid from the date on which costs were paid to legal representatives refused.
Legal Topics
['interest on Costs' 'date From Which Interest on Costs Is Payable' 'discretion Under Civil Procedure Act 2005 (nsw), S 101']
['costs' 'civil Procedure'] ['interest on Costs' 'date From Which Interest on Costs Is Payable' 'discretion Under Civil Procedure Act 2005 (nsw), S 101']

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Procedural Posture

Costs Application / Application Determined on the Papers for Interest on Costs After Dismissal of Appeal

Legal Issues

  1. 1 ['Whether interest on costs should be calculated from the date the costs were paid by the defendant to its legal representatives rather than from the date the costs order was made.' "Whether the defendant's application was properly characterised as an application under Civil Procedure Act 2005 (NSW), s 101(5) rather than s 101(4)."]

Ratio Decidendi

Because the current s 101 makes interest payable on costs from the date of the costs order unless another date is ordered, the defendant's request was properly an application under s 101(5) for interest from another date. Although the Court accepted it had a discretionary power to order interest from the dates costs were paid, the defendant provided little beyond the assertion that its lawyers were paid as the matter progressed. In all the circumstances, the Court was not persuaded that interest should run from any date other than the date the costs order was made.

Court Disposition

Application for order that interest on costs be paid from the date on which costs were paid to legal representatives refused.

Orders

  • ['No further order is required to be made.']