Buzzle Operations Pty Limited (in liq) v Apple Computer Australia Pty Ltd (No. 2) [2010] NSWSC 490

New South Wales Supreme Court

CITATION : Buzzle Operations Pty Limited (in liq) v Apple Computer Australia Pty Ltd (No. 2) [2010] NSWSC 490

HEARING DATE(S) : 6 May 2010

JUDGMENT DATE : 6 May 2010

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 6 May 2010

1. Order that the plaintiffs pay to the defendants interest at the rates set out in schedule 5 of the Uniform Civil Procedure Rules on the proportion (as calculated below) of each amount of costs and disbursements actually paid by the defendants from the date of payment of each amount until such time as the plaintiffs have paid to the defendants the amounts due under any order for costs made in these proceedings or until a further order is made relating to interest on costs in these proceedings. In this order the proportion of costs paid by the defendants on which interest is to run will be the proportion which the amount of costs and disbursements agreed to be payable, or allowed on assessment, or ordered pursuant to s 98(4)(c) of the Civil Procedure Act, after set-off of the amount payable by the defendants to the plaintiffs for costs, bears to the total amount of costs and disbursements the defendants have paid, or are liable to pay, to their legal representatives, in connection with the proceedings. 2. Reserve further consideration of whether interest on costs should continue to run. DECISION : 3. I give liberty to the parties to apply on reasonable notice. 4. I make an order in accordance with paragraphs 1 and 2 of the defendants' interlocutory process filed on 12 April 2010. 5. I order that those orders be stayed up to and including 11 May 2010. 6. I order that the plaintiffs pay the defendants' costs of and relating to the applications in paragraphs 1, 2 and 5 of the defendants' interlocutory process of 12 April 2010.