Grace v Grace (No 9)

Case [2014] NSWSC 1239


Supreme Court


New South Wales

Medium Neutral Citation: Grace v Grace (No 9) [2014] NSWSC 1239
Hearing dates:Thursday, 17 July 2014
Decision date: 08 September 2014
Jurisdiction:Equity Division
Before: Brereton J
Decision:

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.
Legislation Cited: (CTH) Family Law Act 1975, s 79A, s 79, s 117, s 117B
(CTH) Judiciary Act 1903, s 70, s 78B
(CTH) Jurisdiction of Courts (Cross-Vesting) Act 1987, s 11
(NSW) Civil Procedure Act 2005, s 98, s 101
(NSW) Common Law Procedure Act 1899, s 143, s 143A
(NSW) Land and Environment Court Act 1979, s 69A
(NSW) Legal Profession Act 2005, s 4, s 395
(NSW) Limitation Act 1969, s 14, s 17
(NSW) Supreme Court Act 1970, s 76, s 95
(NSW) Supreme Court Rules 1970, Pt 52 r 5, Pt 52 r 54A
(NSW) Uniform Civil Procedure Rules r 36.16
(UK) Judgments Act 1838, s 17, s 18
Cases Cited: Re Acetylene Gas Co of Australasia Ltd (1901) 1 SR (Eq) (NSW) 102
Bailey v Marinoff (1970) 125 CLR 529
Bank of New South Wales v Owston (1879) 4 App Cas 270
D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12; (2005) 223 CLR 1
Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd [2014] NSWCA 158
Drummond & Rosen Pty Ltd v Easey (No 2) [2009] NSWSC 331
DSG Holdings Australia Pty Ltd v Helenic Pty Ltd (No 2) [2014] NSWCA 142
Carson v Minister Administering the Environmental Planning and Assessment Act 1979 (1994) 82 LGERA 179
Cotie v Cox [2006] NSWSC 859
Erven Warnink BV v J Townend & Sons (Hull) Ltd (No 2) [1982] 3 All ER 312
Falkner v Bourke (1990) 19 NSWLR 574
Fischer v David Syme & Co Ltd (1989) 18 NSWLR 606
Flower & Hart v White Industries (Qld) Pty Limited [2001] FCA 370; (2001) 109 FCR 280
Gilfillan v Australian Securities…

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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.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

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