Robb Evans of Robb Evans & Associates v European Bank Ltd (No 2)

Robb Evans of Robb Evans & Associates (the appellant) sought to vary orders made by the Court of Appeal of New South Wales concerning costs and interest on costs in its dispute with European Bank Ltd (the respondent). The dispute concerned the assessment of costs following earlier proceedings.

The primary legal issues before the Court were whether the appellant was entitled to indemnity costs, given a significant disparity between the amount claimed and the amount awarded, and whether the respondent should pay interest on the appellant's costs. Specifically, the court considered the preconditions for awarding interest on costs and the appropriate rate of interest, including whether it should be calculated at a rate other than that prescribed by the Uniform Civil Procedure Rules.

The Court determined that the appellant was not entitled to indemnity costs because there was no "real and genuine element of compromise" in the offers made by the respondent, which were significantly less than the amount ultimately awarded. Regarding interest on costs, the Court found it appropriate to award interest on the proportion of the appellant's costs and disbursements that were ultimately allowed on assessment. The Court ordered that this interest be calculated at a rate of 5% per annum from the date of each payment until the date of payment by the respondent.