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Tjiong v Tjiong (No 2) [2018] NSWSC 1981 — Interest On Costs — Barrister AI

Tjiong v Tjiong (No 2)

[2018] NSWSC 1981

Supreme Court of NSW

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Interrogate

Catchwords

1. Costs
2. › interest on costs
3. › Civil Procedure Act 2005 (NSW), ss 98(3), 101(4)
4. › where an order for interest on costs not included in the principal judgment which was delivered years earlier
5. › whether court no longer has power to award interest on costs because the claim is either statute-barred or has merged in the principal judgment
6. › whether an order for interest on costs under s 98(3) must be sought at time of judgment
7. › consideration of the doctrine of functus officio
1. Costs
2. › interest on costs
3. › Civil Procedure Act 2005 (NSW), ss 98(3), 101(4)
4. › discretionary factors
5. › delay
6. › application of Limitation Act 1969 (NSW) by analogy
7. › where delay justifies an award of interest at pre-judgment rate

Case Details

Citation[2018] NSWSC 1981

CourtNSWSC

JurisdictionNew South Wales

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2021Hutley v Cosco (No 2)NSWCA 335
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Relies on41

2017Rhiannon Leigh Gray by her Tutor Kathleen Anne Gray v Edward RichardsNSWSC 1714
2014Grace v Grace (No 9)NSWSC 1239
2013Short v Crawley (No. 45)NSWSC 1541
2013Zepinic v Chateau Constructions (Australia) Ltd (No 2)NSWCA 227
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