Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 11) [2021] NSWSC 1626

Supreme Court New South Wales

Medium Neutral Citation: Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 11) [2021] NSWSC 1626 Hearing dates: 10 December 2021 Date of orders: 13 December 2021 Decision date: 13 December 2021 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Pursuant to s 101(4) of the Civil Procedure Act 2005 (NSW) interest not be payable by the Second Defendant to the Third Defendant on the costs order made on 13 February 2018 beyond 13 February 2021 Catchwords: COSTS – interest on costs – where costs orders made in 2016 and 2018 – where there were negotiations between 2019 and 2021 about quantum of those costs – where no bill of costs served until August 2021 – whether court should order for the purpose of s 101(4) of the Civil Procedure Act 2005 that interest not be payable for period since costs orders were made – whether application for an order that interest not be payable is an application to vary the original costs order Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Eliezer v The Council of St Andrew's Cathedral School (No 2) [2021] NSWCA 227 Grace v Grace (No 9) [2014] NSWSC 1239 Mobis Parts Australia Pty Ltd v XL Insurance Company SE [2016] NSWSC 1170 Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 7) [2017] NSWSC 1321 Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 10) [2018] NSWSC 37 Mobis Parts Australia Pty Ltd v XL Insurance Company SE [2018] NSWCA 342 Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 2) [2019] NSWCA 19 Category: Costs Parties: Mobis Parts Australia Pty Ltd (Plaintiff) XL Insurance Company SE (First Defendant/Respondent) AIG Europe Limited (Second Defendant) UNIQA Versicherung AG (Third Defendant/Applicant) Representation: Counsel: D S Weinberger (First Defendant/Respondent) S M Kettle (Third Defendant/Applicant)