Optus Networks Pty Ltd & Ors v Leighton Contractors Pty Limited & Ors [2005] NSWSC 156

New South Wales Supreme Court

CITATION : Optus Networks Pty Ltd & Ors v Leighton Contractors Pty Limited & Ors [2005] NSWSC 156

HEARING DATE(S) : 2/03/05

JUDGMENT DATE : 9 March 2005

Equity Division JURISDICTION : Technology & Construction List

JUDGMENT OF : Einstein J

DECISION : Order that the respondents pay interest on so much of the applicant's costs as agreed or assessed as were personally paid by the applicant at the rates applicable under Schedule J to the Rules from the dates on which such amounts were paid by the Applicant's to its solicitors until the date of the assessor's certificate, the quantum of such interest to be determined by the assessor.

CATCHWORDS : Practice and Procedure - Interest on Costs

Courts Legislation Further Amendment Act 1995 (NSW) Legal Profession Act 1987 (NSW) LEGISLATION CITED : Statute Law (Miscellaneous Provisions) Act 1996 Supreme Court Act 1970 (NSW) Supreme Court Rules 1970 (NSW)

Australian Development Corporation Pty Ltd v White [2002] NSWSC 280 Barclays Australia (Finance) Limited v GWG Leviny Pty Limited (Rolfe J, unreported, 10 December 1998, BC 9807789) Davies v Ku-ring-gai Municipal Council [2003] NSWSC 1010 Gray v Guardian Trust Australia Ltd [2003] NSWSC 887 CASES CITED : Grogan v Thiess Contractors Pty Ltd [2000] NSWSC 1101 Hughes Brothers Pty Limited v The Trustees of the Roman Catholic Church for the Archdiocese of Sydney [1999] NSWSC 1051 McWilliams Wines Pty Ltd v Liaweena (NSW) Pty Ltd (1993) 32 NSWLR 190 Maronis Holdings Limited v Nippon Credit Australia Ltd [2001] NSWSC 864