Under the amended s 101(5) of the Civil Procedure Act 2005 (NSW), the court retains power to backdate interest on costs to the date of payment to lawyers, but the discretion will be exercised having regard to proportionality of costs to the amount in issue, whether interest was sought before judgment, and the policy of avoiding satellite litigation.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
3 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.