Ms Kirsty McLaren (in her capacity as executrix of the estate of Mr William George McLaren) v Hugo White Pty Ltd trading as Sautelle White Lawyers (No 2)

The case involved Ms Kirsty McLaren, as executrix of the estate of Mr William George McLaren, against Hugo White Pty Ltd trading as Sautelle White Lawyers. The dispute arose out of professional negligence claims, and the matter was heard in the Supreme Court of Victoria. Ms McLaren sought interest on costs incurred in the proceedings, following the defendants' failure to make a formal offer of compromise under the Calderbank principles.

The primary legal issue before the court was whether the defendants were liable for interest on the plaintiff's costs, pursuant to section 60 of the Supreme Court Act 1986 (Vic). This section mandates that unless the court orders otherwise, interest on costs is to be paid from the time those costs are paid. The court needed to determine the appropriate rate of interest and the basis for calculating it, as well as whether the plaintiff's request was in line with established legal precedents.

The court held that the defendants were liable for interest on the plaintiff's costs, as required by statute. The interest was to be calculated from the date the costs were paid by the plaintiff. The court further ruled that the amount of interest should be based on the assessed costs of the plaintiff, multiplied by the percentage those assessed costs bear to the total costs paid. The court did not make any order regarding the costs of the application itself.

In conclusion, the court ordered the defendants to pay interest on the plaintiff's assessed costs from the date of payment, calculated as per the ruling. No orders were made concerning the costs of this particular application.