PRACTICE AND PROCEDURE — application in Court of Appeal proceedings for judgment based on two certificates of determination obtained under Legal Profession Act 2004 (NSW) — interest claimed on amounts of certificates — no basis on which to make the order sought — motion determined in the Common Law Division and dismissed
Quick Take
1A deemed judgment created by filing a certificate of determination of costs under s 368(5) of the Legal Profession Act 2004 (NSW) must reflect only the certified amount (or unpaid portion thereof); the court has no authority to amend it to include interest or any other amount.
2The filing of a costs certificate as a deemed judgment is an administrative process, not a 'judgment' for the purposes of s 101(1) of the Supreme Court Act 1970 (NSW), and does not give rise to a right of appeal to the Court of Appeal.
3Where a costs assessor's certificate does not include interest, the remedy lies in an action at law to recover interest, not in an application to the court to amend the deemed judgment.
