Calarco and Anor v Liverpool City Council (No. 2) [2018] NSWSC 355

Supreme Court New South Wales

Medium Neutral Citation: Calarco and Anor v Liverpool City Council (No. 2) [2018] NSWSC 355 Hearing dates: On the papers Date of orders: 21 March 2018 Decision date: 21 March 2018 Jurisdiction: Common Law - Administrative Law Before: Johnson J Decision: 1. Defendant to pay interest on Plaintiffs' pre-judgment and post-judgment costs.

2. Parties to bring in short minutes by 11.00 am on 23 March 2018 to give effect to this judgment. Catchwords: COSTS - claim for interest on costs - pre-judgment and post-judgment costs - power compensatory and not punitive - order to be made for payment of interest on pre-judgment and post-judgment costs Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 Cases Cited: Calarco and Anor v Liverpool City Council [2018] NSWSC 217 Lahoud v Lahoud [2006] NSWSC 126 Texts Cited: --- Category: Costs Parties: Giuseppe Calarco and Antonetta Calarco (Plaintiff) Liverpool City Council (Defendant) Representation: Counsel: Mr P Tomasetti SC; Mr J Johnson (Plaintiff) Mr R Lancaster SC; Dr JV Smith (Defendant)

Solicitors: DC Balog & Associates (Plaintiff) HWL Ebsworth Lawyers (Defendant) File Number(s): 2016/250023 Publication restriction: ---

Judgment 1. JOHNSON J: On 28 February 2018, the Court gave judgment in these proceedings: Calarco and Anor v Liverpool City Council [2018] NSWSC 217. At the conclusion of that judgment (at [104] and [105](e)), I provided the Plaintiffs with an opportunity to furnish written submissions in support of their claim for an order that the Defendant pay interest on costs. 2. Written submissions have been made on behalf of the Plaintiffs and the Defendant with respect to this issue. The Plaintiffs make application for an order for payment of interest on costs and the Defendant opposes the making of such an order. 3. In support of the application, the Plaintiffs rely upon the affidavit of Giuseppe Calarco sworn 6 March 2018 in which he states that legal costs in the sum of $109,817.02 have been incurred to date with respect to these proceedings. Mr Calarco states that he paid the costs immediately upon receipt of invoices from his lawyers.