T&T Investments Australia Pty Limited v CGU Insurance Limited (No 2)

T&T Investments Australia Pty Limited (the appellant) sought an order for interest on the costs awarded to it in proceedings at first instance and on appeal from CGU Insurance Limited (the respondent). The matter came before the New South Wales Court of Appeal.

The primary legal issue before the Court was whether the appellant was entitled to an order for interest on costs, notwithstanding that no claim for such interest had been made at first instance or on the appeal itself, and the claim was only brought after final costs orders had been made. A secondary issue concerned the impact of the appellant's conduct, which had caused a delay in the prosecution of the appeal, on any potential award of interest.

The Court reasoned that the appellant had not established a basis for departing from the usual practice of not awarding interest on costs in the absence of a specific claim being made during the substantive proceedings. Furthermore, the Court noted that the amount of interest sought was not substantial. The Court also took into account that the appellant's own conduct had contributed to the delay in the appeal being heard.

Consequently, the appellant's notice of motion seeking interest on costs was dismissed, and the appellant was ordered to pay the respondent's costs of the motion.