JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: RAMBAL -v- THE GRIFFIN COAL MINING CO PTY LTD [2015] WASCA 197
CORAM: BUSS JA
NEWNES JA
MURPHY JA
HEARD: 20 APRIL 2015
DELIVERED : 25 SEPTEMBER 2015
FILE NO/S: CACV 23 of 2015
BETWEEN: VIKAS RAMBAL
First Applicant
ANDREAS WALEWSKI
Second ApplicantAND
THE GRIFFIN COAL MINING CO PTY LTD
Respondent
Catchwords:
Costs - Interest on costs - Section 8 of the Civil Judgments Enforcement Act 2004 (WA) - Date from which interest payable - Whether interest on costs to be taxed payable from the date of the judgment or order or from the date on which the amount of the costs is certified by the Taxing Officer
Legislation:
Civil Judgments Enforcement Act 2004 (WA), s 3, s 5(a), s 7, s 8
Civil Procedure Acts Repeal Act 1879, 42 & 43 Vict, c 59
Courts Legislation Amendment and Repeal Act 2004 (WA), s 128
Judgments Act 1838, 1 & 2 Vict, c 110, s 17, s 18, s 20
Legal Practice Act 2003 (WA)
Legal Practitioners Act 1893 (WA), pt VI, s 70
Legal Profession Act 2008 (WA)
Public Works Act 1902 (WA), s 68, s 71
Remedies of Creditors against the Property of Debtors Act 1842 (WA), s 5
Rules of the Supreme Court (Revision) 1965 (UK) SI 1965/1776, O 45 r 12, Appendix A
Rules of the Supreme Court 1881 (WA), O XXXVIII r 12, O XXXVIII r 14, Schedule I
Rules of the Supreme Court 1883 (UK), O 42 r 14, Appendix H
Rules of the Supreme Court 1888 (WA), O XL r 14, O XL r 16, Appendix H
Rules of the Supreme Court 1909 (WA), O XL r 13, O XL r 15, O LXV r 58, Appendix H
Rules of the Supreme Court 1971 (WA), O 1 r 6, O 47 r 5, O 66 r 11(2), O 66 r 16, O 66 r 57, Schedule 2
Supreme Court Act 1935 (WA), s 4, s 58(1)(d), s 142
Supreme Court Act Amendment Act 1971 (WA), s 13
Supreme Court Amendment Act 1996 (WA), s 9
Supreme Court of Judicature Act 1873, 36 & 37 Vict, c 66
Supreme Court of Judicature Act 1875, 38 & 39 Vict, c 77, s 16, s 33, Schedule 1
Result:
Declaration made as to the proper construction of s 8 of the Civil Judgments Enforcement Act and the application of s 8 to the present case
Category: A
Representation:
Counsel:
First Applicant : Mr S Penglis
Second Applicant : Mr S Penglis
Respondent: Mr B D Luscombe
Solicitors:
First Applicant : Bennett + Co
Second Applicant : Bennett + Co
Respondent: Clifford Chance
Case(s) referred to in judgment(s):
Ashworth v English Card Clothing Co Ltd (No 2) [1904] 1 Ch 704
Birla Nifty Pty Ltd v International Mining Industry Underwriters Ltd [2014] WASCA 180 (S)
Boswell v Coaks (1887) 57 LJ Ch 101
Erven Warnink…
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- Case
- [2015] WASCA 197
- Decision Date
CaseChat Overview and Summary
The court was required to interpret section 8 of the Civil Judgments Enforcement Act 2004 (WA) to resolve this dispute. The primary consideration was the language of the statute and the intent behind the provision. The court examined the relevant legislative history and the ordinary meaning of the words used in section 8. The key issue was whether the phrase "from the date of the judgment or order" was intended to apply to the entire judgment or only to the part concerning the certification of costs.
In its decision, the court found that the interest on taxed costs should be payable from the date of the judgment or order, rather than from the date of certification by the Taxing Officer. The court reasoned that the plain language of the statute, coupled with the legislative intent to expedite the enforcement of judgments, supported this interpretation. The court held that the phrase "from the date of the judgment or order" was broad enough to encompass the entire judgment, including the certification of costs. Consequently, the plaintiff's claim for interest on taxed costs from the date of the judgment was upheld.
The final orders of the court mandated that interest on taxed costs in the case of Rambal versus The Griffin Coal Mining Co Pty Ltd be payable from the date of the judgment. This decision clarified the scope of section 8 of the Civil Judgments Enforcement Act 2004 (WA) and provided guidance for similar future cases.
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