NSW Caselaw
New South Wales Court of Appeal
CITATION: ROBB EVANS OF ROBB EVANS & ASSOCIATES v EUROPEAN BANK LTD (NO 2) [2009] NSWCA 170
HEARING DATE(S): On the papers
JUDGMENT DATE: 29 June 2009
JUDGMENT OF: Basten JA at 1; Campbell JA at 49
(1) The orders made by the Court on 2 April 2009 be varied by the addition of the following order:
(4) Order that the respondent pay interest on that proportion of the payments made by the appellant on account of its own costs and disbursements as the total amount of such costs and disbursements allowed on assessment (or as agreed) bears to the total amount paid, such interest to run from the date of each payment until the date of payment by the respondent, and to be calculated at 5% per annum. DECISION: (2) Otherwise dismiss the notice of motion filed by the appellant on 15 April 2009.
(3) Order the appellant to pay one-half of the respondent's costs of the motion.
CATCHWORDS: COSTS – offers of compromise – indemnity costs – comparison with amount claimed – large disparity – whether real and genuine element of compromise - COSTS – interest on costs – preconditions to award of interest – whether appropriate to assess conduct of the proceedings in order to impose - COSTS – rates of interest – evidence of rate of interest on funds used to pay costs – compensatory objective of award of interest – whether interest to be calculated at rate other than in accordance with UCPR, Sch 5
Civil Procedure Act 2005 (NSW), ss 56, 100, 101 LEGISLATION CITED: Supreme Court Act 1970 (NSW), s 45AA Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.15, Sch 5
The Anderson Group Pty Ltd v Tynan Motors Pty Ltd (No 2) [2006] NSWCA 120; 67 NSWLR 706 Hancock v Arnold (No 2) [2009] NSWCA 19 Lahoud v Lahoud [2006] NSWSC 126 Leda Pty Ltd v Weerden (No 2) [2007] NSWCA 283 CASES CITED: Legal & General Insurance Australia Ltd v Eather (1986) 6 NSWLR 390 Minister Administering the Environmental Planning and Assessment Act 1979 v Carson (1994) 35 NSWLR 342 Robb Evans of Robb Evans & Associates v European Bank Ltd [2009] NSWCA 67; 255 ALR 171 Ruby v Marsh [1975] HCA 32; 132 CLR 642 Spedding v Nobles; Spedding v McNally (No 2) [2007] NSWCA 87 Stanilite Pacific Ltd (In liq) v Seaton (No 2) [2005] NSWCA 412
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