T&T Investments Australia Pty Limited v CGU Insurance Limited (No 2)

[2016] NSWCA 372

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Interest on costs
4. › Discretionary factors
5. › Whether interest on costs should be ordered where no claim made during appeal proceedings
6. › Whether delay by successful party is a countervailing discretionary factor
7. › Whether late application after final costs orders should be entertained
8. › Civil Procedure Act 2005 (NSW), s 101(4)

Quick Take

A party seeking interest on costs under s 101(4) of the Civil Procedure Act 2005 (NSW) should raise the claim during the proceedings or at the time costs orders are made. A late application made after apparently final costs orders have been entered, where the applicant was responsible for delay in the proceedings and the amount of interest is not substantial, is likely to be refused. The Court will be slow to entertain a late motion for interest on costs where the costs of the motion are disproportionate to the amount at stake.