Mahmoud v State of New South Wales [2014] NSWSC 722

The plaintiff is not entitled to interest as payment was made within the 28 days required after the judgment took effect, and there was no sufficient evidence of an enforceable obligation to pay before Christmas. The costs of the plaintiff's unsuccessful application for interest should follow the event, and the plaintiff is ordered to pay the defendants' costs of and incidental to the application for interest.

Jurisdiction: Australia
Judgment Date: 06 June 2014
Procedural Posture: Application / Costs Ruling After Judgment
Outcome: Plaintiff's application for interest dismissed; plaintiff ordered to pay defendants' costs of and incidental to the application for interest.
Legal Topics: ['costs' 'interest on Judgment Debts']

['civil Procedure'] ['costs' 'interest on Judgment Debts']

Case Brief

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Procedural Posture

Application / Costs Ruling After Judgment

Legal Issues

1 ['Whether the plaintiff is entitled to interest on the unpaid portion of judgment sum under s 101(3) Civil Procedure Act' 'Whether defendants are entitled to costs under s 98(4)(c) Civil Procedure Act']

Ratio Decidendi

Court Disposition

Plaintiff's application for interest dismissed; plaintiff ordered to pay defendants' costs of and incidental to the application for interest.

Orders

["Order that the plaintiff pay the defendants' costs of and incidental to the plaintiff's application for interest."]