UGL Rail Pty Ltd v Wilkinson Murray Pty Ltd (No 2)

UGL Rail Pty Ltd took Wilkinson Murray Pty Ltd to the Supreme Court of New South Wales over a dispute concerning a contract for the supply of rail components. UGL Rail sought a range of remedies including damages, interest, and costs. Wilkinson Murray, the defendant, contested the claims, leading to a complex litigation process. The court had to determine several legal issues, including whether the costs incurred during the litigation should be apportioned between the parties, and whether interest should be awarded on those costs. Additionally, the court needed to decide if the judgment should be stayed pending an appeal, given the absence of evidence indicating hardship to the defendant or the plaintiff's inability to repay the judgment.

The court found that there was no significant principle at stake concerning the apportionment of costs and the award of interest on those costs. It was determined that the matter did not present a case of exceptional circumstances that would warrant a different approach to the usual rules regarding costs and interest. Regarding the stay of judgment pending appeal, the court held that there was no evidence to suggest that the defendant would suffer hardship if the judgment was not stayed, nor was there any indication that the plaintiff could not repay the judgment amount. Therefore, the application for a stay was refused.

Consequently, the court ruled that costs should not be apportioned in a manner deviating from the standard practice, and interest should not be awarded on the costs as per the usual conventions. The application for a stay of judgment was also dismissed, and the defendant was ordered to pay the plaintiff's costs of the application.