Timms & Ors. v Commonwealth Bank of Australia & Ors.

[2004] NSWCA 25

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Interest on costs
4. › Claim for interest under s 95(4) Supreme Court Act 1970 (NSW)
5. › Whether claim for interest is independent cause of action
6. › Whether claim merges with judgment for costs upon entry
1. Practice and Procedure
2. › Judgments and orders
3. › Finality of judgments
4. › Setting aside final judgment regularly entered
5. › Whether final judgment for costs may be set aside to allow interest claim
6. › Supreme Court Rules Pt 40 r 9

Quick Take

A claim for interest on costs under s 95(4) of the Supreme Court Act 1970 (NSW) must be made and determined before entry of judgment for costs; once a final judgment for costs is entered (including by filing a Costs Certificate under s 208J(3) of the Legal Profession Act 1987), the claim for interest merges with that judgment and cannot thereafter be pursued.