Roads and Traffic Authority v Cremona (No 3)
Case
•
[2005] NSWCA 13
•11 February 2005
Details
AGLC
Case
Decision Date
Roads and Traffic Authority v Cremona (No 3) [2005] NSWCA 13
[2005] NSWCA 13
11 February 2005
CaseChat Overview and Summary
The case of *Roads and Traffic Authority v Cremona (No 3)* concerned an appeal before Sheller JA of the Supreme Court of New South Wales. The dispute revolved around the payment of interest on costs previously paid by the respondent to the appellant.
The primary legal issue before the Court was whether the appellant was liable to pay interest on the costs that the respondent had paid, and if so, on what basis and at what rate. The Court was also required to determine the basis upon which the costs of the application itself should be paid.
Sheller JA ordered that the appellant pay interest on the costs paid by the respondent, as itemised in a specific affidavit, from the respective dates of payment. The interest was to be calculated at the Supreme Court interest rates applicable for each period. Furthermore, the appellant was ordered to pay the costs of the application on an indemnity basis.
The primary legal issue before the Court was whether the appellant was liable to pay interest on the costs that the respondent had paid, and if so, on what basis and at what rate. The Court was also required to determine the basis upon which the costs of the application itself should be paid.
Sheller JA ordered that the appellant pay interest on the costs paid by the respondent, as itemised in a specific affidavit, from the respective dates of payment. The interest was to be calculated at the Supreme Court interest rates applicable for each period. Furthermore, the appellant was ordered to pay the costs of the application on an indemnity basis.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Administrative Law
Legal Concepts
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Costs
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Appeal
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Most Recent Citation
Ingles v Gould [1992] QCA 68
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