Coshott v Parker (No 4)

In the case of Coshott v Parker, the plaintiff sought to recover costs and interest on those costs from the defendant. The dispute was heard and determined in the Supreme Court of Victoria. The plaintiff argued for pre-judgment interest on the costs awarded, while the defendant provided a detailed schedule outlining the interest payable on the judgment sum in relation to the professional costs and disbursements incurred, including those related to the costs assessment process under the Legal Profession Act 2004. The plaintiff did not object to the defendant's calculations.

The primary legal issue before the court was whether the plaintiff was liable to pay interest on the costs awarded to the defendant. The court needed to determine the correct approach to the calculation and payment of pre-judgment interest on costs, particularly in the context of professional costs and disbursements. The court examined the statutory provisions and relevant case law to ascertain the appropriate method for calculating and enforcing interest on costs.

The court held that the defendant had provided a comprehensive schedule detailing the interest payable on the judgment sum for the costs incurred. As the plaintiff had not raised any objections to these calculations, the court found that the defendant's schedule accurately reflected the interest payable. The court ordered that the plaintiff would be liable for the interest on the costs as calculated by the defendant. The court's decision was based on the clear evidence provided by the defendant and the absence of any objections from the plaintiff.

The final orders of the court mandated that the plaintiff pay interest on the costs awarded to the defendant in accordance with the schedule provided by the defendant. This included interest on the costs paid for the costs assessment process under the Legal Profession Act 2004. The plaintiff was directed to settle the amount of interest as per the defendant's calculations within the specified timeframe.