› limitation on costs - s 59 of the Legal Profession Uniform Law Application Act No 16 (NSW) and cl 24 of the Legal Profession Uniform Law Application Regulation 2015 (NSW)
› effect of Uniform Law on s 98 Civil Procedure Act 2005
› non-contested matters
› plaintiff not entitled to costs against the first defendant other than scale costs
Judgments and Orders
› interest
› post-judgment interest
› where plaintiff sought post-judgment interest at the rate referred to in the loan agreement
› where loan agreement provided for compound interest
› where judgment creditor at common law only entitled to interest on a judgment by virtue of s 101 of the Civil Procedure Act
› limitation in s 101(6) - plaintiff only entitled to simple interest on the judgment
Costs
› gross sum costs order
› whether proceedings are appropriate for making a gross sum costs order
› where second and third defendants failed to file a cross-claim referenced in their defence
› where second and third defendants failed to appear on multiple occasions despite having a solicitor - where their co-operation in agreeing on an amount for costs is unlikely
› plaintiff entitled to a gross sum costs order subject to a discount of 25%
Case Details
Citation[2024] NSWSC 1296
CourtNSWSC
JurisdictionNew South Wales
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