Order that interest be paid on amounts payable by defendants under costs order, from the date on which the costs were paid by the plaintiff
Catchwords:
PROCEDURE - judgments and orders - interest on judgments - interest on costs orders - whether an order for interest on costs must be sought at the time when the costs order to which it relates is made - held, it need not - whether evidence is required to support application for interest on costs - held, it is not - relevant discretionary considerations
FAMILY LAW AND CHILD WELFARE - the Family Law Act 1975 (Cth) and related legislation - procedure - costs - interest on costs - where proceedings involve cross-vested proceedings under Family Law Act as well as non-cross-vested proceedings - whether an order for interest on costs can be made in respect of a costs order in proceedings under Family Law Act - whether "order for payment of money" in Family Law Act s 117B includes costs order - held, costs order is an order for payment of money and order can be made for interest on such costs.
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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Details
AGLC
Grace v Grace (No 9) [2014] NSWSC 1239
Case
[2014] NSWSC 1239
Decision Date
CaseChat Overview and Summary
In the case of Grace v Grace, the dispute involved the determination of interest on costs in the context of family law proceedings. The matter was heard in the Family Court of Australia. The central issue before the court was whether an order for interest on costs must be sought at the time the costs order to which it relates is made, and whether evidence is required to support an application for interest on costs. Additionally, the court needed to determine if an order for interest on costs could be made in respect of a costs order in proceedings under the Family Law Act 1975.
The court held that an order for interest on costs need not be sought at the same time as the costs order to which it relates. It was also determined that evidence is not required to support an application for interest on costs, as the relevant discretionary considerations under the Family Law Act are sufficient. The court concluded that a costs order is an order for payment of money and that an order for interest on such costs can be made. This decision was significant in clarifying the procedural aspects of interest on costs in family law proceedings, particularly where cross-vested and non-cross-vested proceedings are involved.
The final orders of the court confirmed that interest on costs can be ordered under the Family Law Act, provided that the discretion is exercised in accordance with the relevant statutory provisions. The court's decision provided clarity on the timing and evidentiary requirements for such applications, ensuring that parties are aware of their rights and obligations in respect of interest on costs in family law matters.