Fletcher Australia P/L v Savday P/L [2005] NSWSC 1320

New South Wales Supreme Court

Fletcher Australia P/L v Savday P/L [2005] NSWSC 1320 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 25/11/05

JUDGMENT DATE : 25 November 2005

Equity Division JURISDICTION : Technology & Construction List

JUDGMENT OF : White J

DECISION : The Court orders: 1. The Plaintiff to pay to the First Cross-Defendant to the Third Cross-Claim (the First Cross-Defendant) interest on the First Cross-Defendant's costs of the Third Cross Claim, provided that: (a) the interest shall be payable on such of those costs as are allowed on assessment; (b) the interest shall be calculated at the rates prescribed in Schedule 5 to the Uniform Civil Procedure Rules 2005 (NSW); (c) the interest shall commence to accrue from the dates upon which the said allowed costs were paid to the First Cross-Defendant's solicitor; and (d) the interest shall cease to accrue upon the earlier of: (i) the date that the said allowed costs are paid by the Plaintiff to the First Cross-Defendant, and (ii) if the amount of the said allowed costs is lower than an amount offered in writing to be paid by the Plaintiff to the First Cross Defendant for costs, the date that is 14 days after the date of such offer. 2. The Plaintiff pay the costs of the First Cross-Defendant to the Third Cross-Claim of the Notice of Motion dated 9 November 2005.

CATCHWORDS : PRACTICE AND PROCEDURE - Application for interest to be paid on costs - Where costs are high and respondent on application was found to be liable to make payments in respect of costs but has failed to do so thus far - Where all matters including costs had been referred to a referee - Whether adoption of referee's report precludes a later application for interest on costs - Other discretionary factors considered - Interest on costs ordered.