Lahoud v Lahoud [2011] NSWSC 994

Supreme Court New South Wales

Medium Neutral Citation: Lahoud v Lahoud [2011] NSWSC 994 Hearing dates: 24 June 2011 Decision date: 01 September 2011 Jurisdiction: Equity Division Before: Campbell JA Decision: (1) Order that the judgment in favour of Joseph Lahoud and Joseph Lahoud & Associates Pty Ltd in the sum of $1,186,398.90 dated 17 November 2010 be set aside. (2) Otherwise dismiss the Amended Notice of Motion filed by Victor Lahoud on 31 January 2011. (3) Dismiss the Notice of Motion filed by Joseph Lahoud and Joseph Lahoud & Associates Pty Ltd on 7 December 2010. (4) Order Victor Lahoud to pay 33% of the costs as agreed or assessed of Joseph Lahoud and Joseph Lahoud & Associates Pty Ltd concerning the two Notices of Motion. Catchwords: COSTS - Interest on costs - rate of interest - UCPR 36.7(1) - earlier order that interest be paid "at the rates set out in Schedule 5" UCPR - effect of repeal of Schedule 5 and amendment of r 36.7(1) - rate at which interest payable prior to 1 July 2010 - proper construction of order

COSTS - Interest on costs - time during which interest runs - earlier order reserving consideration of whether costs should continue to run - whether power to make order denying interest over past periods - power to make order denying interest over future periods - whether delay that makes it just for the successful parties not to receive interest on costs for a particular time - delay in preparing bill of costs before High Court special leave application determined - delay while Review Panel reviewed cost assessor's assessment - delay while appeal from Review Panel to District Court was on foot