Levy v Bergseng (No 2) [2008] NSWSC 958

(ix) the defendants shall pay interest on any amount paid by the plaintiff as costs provided that: (a) the costs, upon which interest is payable, are agreed or allowed on assessment; (b) interest is calculated from the date of payment of the said costs by the plaintiff and continues only until such time as payment by the defendants of said costs and interest has occurred but not beyond the date of judgment."">

New South Wales Supreme Court

CITATION : Levy v Bergseng (No 2) [2008] NSWSC 958

HEARING DATE(S) : 24 April 2008 and subsequent written submissions

JUDGMENT DATE : 17 September 2008

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(i) the application for indemnity costs is dismissed;

(ii) the orders of 4 April 2008 in this matter be varied by adding two new orders: DECISION : "(viii) the defendants pay the plaintiff's costs of the preparation of the submission in reply before the Costs Review Panel; (ix) the defendants shall pay interest on any amount paid by the plaintiff as costs provided that: (a) the costs, upon which interest is payable, are agreed or allowed on assessment; (b) interest is calculated from the date of payment of the said costs by the plaintiff and continues only until such time as payment by the defendants of said costs and interest has occurred but not beyond the date of judgment."

CATCHWORDS : COSTS – appeal – offer made – indemnity costs sought – offer involved each party bearing own costs – not comply with Rules – not intended to have effect otherwise than in accordance with rules – no indemnity costs – order for reasonable costs below – order for interest on costs paid.

Legal Profession Act 1987 LEGISLATION CITED : Legal Profession Act 2004 Suitors' Fund Act 1951