T&T Investments Australia Pty Limited v CGU Insurance Limited (No 2) [2016] NSWCA 372

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: T&T Investments Australia Pty Limited v CGU Insurance Limited (No 2) [2016] NSWCA 372 Hearing dates: On the papers Decision date: 21 December 2016 Before: McColl JA; Basten JA; Meagher JA Decision: Appellant's notice of motion filed 14 September 2016 is dismissed with costs. Catchwords: COSTS – interest on costs – where successful appellant seeks order for interest on costs of proceedings at first instance and on appeal following appeal – where no claim to interest on costs made at first instance or on appeal – where claim to interest made after final costs orders following appeal – where successful appellant's conduct resulted in delay in prosecution of appeal – where amount of interest on costs not substantial – motion dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), s 101(4) Courts and Other Justice Portfolio Legislation Amendment Act 2015 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 31.35 Cases Cited: Illawarra Hotel Company Pty Ltd v Walton Construction Pty Ltd (No 2) (2013) 84 NSWLR 436; [2013] NSWCA 211 Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd [2014] NSWCA 158 Robb Evans of Robb Evans & Associates v European Bank Limited (No 2) [2009] NSWCA 170 Category: Costs Parties: T&T Investments Australia Pty Limited (Appellant) CGU Insurance Limited (Respondent) Representation: Counsel: R Scruby with J R Willis (Appellant) M Heath (Respondent)

Solicitors: Sun & Rose Lawyers (Appellant) Turks Legal (Respondent) File Number(s): 2015/00257707 Decision under appeal Court or tribunal: District Court of New South Wales Date of Decision: 10 October 2014 Before: Olsson DCJ File Number(s): 2013/94741