Roads and Traffic Authority v Cremona

[2005] NSWCA 13

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Interest on costs
4. › Discretion to award interest on costs paid
5. › Whether interest should be ordered under s 95(4)
6. › Relevant considerations including length of time out of pocket, conduct of parties, and failure to negotiate
7. › Supreme Court Act 1970 (NSW), s 95(4)
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Costs of application for interest on costs
5. › Whether indemnity costs warranted by unsuccessful party's resistance without merit

Quick Take

Interest on costs under s 95(4) of the Supreme Court Act 1970 (NSW) will be ordered where the successful party has been out of pocket for a lengthy period, the unsuccessful party has had the benefit of the money, and the unsuccessful party has made no realistic attempt to compromise either the quantum of damages or costs. A party's persistent failure to negotiate or respond to reasonable offers is a significant factor favouring the exercise of the discretion.