Hogan v Trustees of the Roman Catholic Church (No. 2) [2006] NSWSC 74

New South Wales Supreme Court

CITATION : Hogan v Trustees of the Roman Catholic Church (No. 2) [2006] NSWSC 74

HEARING DATE(S) : 10/2/06

JUDGMENT DATE : 3 March 2006

JUDGMENT OF : Bell J at 1

DECISION : 1. The defendants are to pay the plaintiff interest at the rate prescribed by Schedule 5 on his costs of the second trial in the sum of $109,577.17; 2. The plaintiff is to pay the defendants interest on costs in 91801/04, 91802/04, 91803/04 in the amount of $13,508.26; 3. No order as to the costs of each motion.

CATCHWORDS : Interest on costs

Civil Procedure Act 2005 LEGISLATION CITED : Legal Profession Act 1987 Supreme Court Rules 1970

Minister Administering the Environmental Planning and Assessment Act 1979 v Carson (1994) 35 NSWLR 342 CASES CITED : Trustees of the Roman Catholic Church v Hogan [2001] NSWCA 381 Trustees of the Roman Catholic Church v Hogan (No. 2) [2002] NSWCA 7

PARTIES : Paul Martin Hogan (Plaintiff) Trustees of the Roman Catholic Church for the Archdiocese of Sydney (Defendant)

FILE NUMBER(S) : SC 20164/98

COUNSEL : M Einfeld QC / D Brogan (Plaintiff) I Harrison SC (Defendant)

SOLICITORS : Anthony J E Gould Solicitor (Plaintiff) Makinson & d'Apice (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BELL J

Friday 3 March 2006

20164/98 Paul Martin Hogan v Trustees of the Roman Catholic Church for the Archdiocese of Sydney

JUDGMENT 1 BELL J: By notice of motion filed on 17 November 2005 the plaintiff claimed orders including: 3. The defendants pay the plaintiff interests on his costs and disbursements awarded, from the date of judgment of the first trial (15 February 2001) to the date the defendants pay the plaintiff's costs and disbursements, at the rates prescribed by Schedule 5 of Uniform Civil Procedure Regulations 2005.