Farkas v Northcity Financial Services Pty Ltd [2006] NSWSC 1036

New South Wales Supreme Court

CITATION : Farkas v Northcity Financial Services Pty Ltd [2006] NSWSC 1036

HEARING DATE(S) : 29 September 2006

JUDGMENT DATE : 6 October 2006

JUDGMENT OF : Bergin J

DECISION : Interest awarded on costs excluding costs awarded to plaintiff for work he did in the proceedings.

CATCHWORDS : [INTEREST ON COSTS] - Whether interest should be paid on costs awarded to the plaintiff - whether delay in bringing an application precludes an award - whether interest should be paid on costs awarded to the plaintiff (a barrister) in respect of work he did in the proceedings described by the costs assessor as work of "junior counsel" - whether the lengthy delay by the costs assessor in providing the certificate should reduce the award to the plaintiff.

LEGISLATION CITED : Civil Procedure Act 2005

Cat Media Pty Ltd v Allianz Australia Insurance Ltd [2006] NSWSC 790 CASES CITED : Farkas v Northcity Financial Services Pty Ltd & 3 Ors [2004] NSWSC 206 Lahoud v Lahoud [2006] NSWSC 126

PARTIES : George Farkas - Plaintiff/Applicant Tower Australia Ltd - Fourth Defendant/Respondent

FILE NUMBER(S) : SC 50154/03

COUNSEL : WG Muddle - Plaintiff/Applicant DF Villa - Fourth Defendant/Respondent

SOLICITORS : Bruce Stewart Dimarco - Plaintiff/Applicant Turks Legal - Fourth Defendant/Respondent

- 10 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST

BERGIN J

6 OCTOBER 2006

50154/03 GEORGE FARKAS v NORTHCITY FINANCIAL SERVICES PTY LIMITED & ORS JUDGMENT 1 This is an application by the plaintiff, George Farkas, for an order pursuant to s 101(4) of the Civil Procedure Act 2005 (the Act) that the fourth defendant, Tower Australia Limited, pay interest on the amount of costs awarded to the plaintiff in these proceedings. 2 Section 101 of the Act provides relevantly: 101 Interest after judgment …