Secure Parking Pty Ltd v Woollahra Municipal Council (No 2) [2017] NSWCA 51

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Secure Parking Pty Ltd v Woollahra Municipal Council (No 2) [2017] NSWCA 51 Hearing dates: On the papers Decision date: 21 March 2017 Before: Beazley P; Meagher JA; Ward JA Decision: 1. Order 4 made on 4 July 2016 be varied as follows:

4. Respondent pay the appellant's costs of the proceedings before the primary judge on an ordinary basis up to and including 19 December 2014 and on an indemnity basis from 20 December 2014.

2. Order the respondent pay the appellant interest on the costs which are the subject of order 4 made on 4 July 2016 at the rate that is:

(a) in respect of the period from 1 January to 30 June in any year – the rate that is 4% above the cash rate last published by the Reserve Bank of Australia before that period commenced and the rate that is 6% above that cash rate in any year after 2017, and

(b) in respect of the period from 1 July to 31 December – in any year up to and including 2016 the rate that is 4% above the cash rate last published by the Reserve Bank of Australia before that period commenced and in any year after that year the rate that is 6% above that cash rate.

in each case on the Allowed Percentage of each amount of costs and disbursements actually paid by or on behalf of the appellant, from the date of payment of each such amount of costs and disbursements until the first to occur of:

(c) Such time as the respondent has paid the costs due to the appellant under that order 4; or

(d) Any further order relating to interest on costs in these proceedings.