NSW Caselaw
New South Wales Supreme Court
CITATION : Locke v Bova & Anor [2009] NSWSC 408 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 17 November 2008
JUDGMENT DATE : 19 May 2009
JURISDICTION : Common Law
JUDGMENT OF : Adams J at 1
DECISION : Interest in respect of the amounts paid by Mrs Locke on account of costs to be paid by the respondents to the extent that they comprise party/party costs. Liberty to apply on three days' notice, such notice to be given on or before 28 May 2009. The respondents to pay costs.
CATCHWORDS : Procedure - costs - interest on paid costs - whether payable when matter settled by terms of settlement in conventional terms of judgment following trial - interpretation of terms of settlement
LEGISLATION CITED : Civil Procedure Act 2005 S 101 Supreme Court Act 1970 S 95
CATEGORY : Procedural and other rulings
CASES CITED : Australian Development Pty Ltd v White Constructions (ACT) Pty Ltd (in liq) [2002] NSWSC 280 Grogan v Theiss Contractors Pty Limited [2000] NSWSC 1101
Carolyn Locke (Plaintiff) PARTIES : Colin Bova (First defendant) South Western Sydney Area Health Service (Second defendant)
FILE NUMBER(S) : SC 20259/01
COUNSEL : Mr D Ash (Plaintiff) Mr G B Evans (Defendants)
SOLICITORS : McLaughlin & Riordan Solicitors (Plaintiff) David Ian Brown (Defendants)
LOWER COURT JURISDICTION : Supreme Court
LOWER COURT JUDICIAL OFFICER : Adams J
LOWER COURT DATE OF DECISION : 17 November 2008
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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