Wardy v Wardy (No. 2)

The parties involved in this case were Wardy and Wardy, who were in a dispute related to family provision orders. The case was heard in the Family Court of Australia. The main issue before the court was whether interest on costs should be awarded, particularly considering the delay in applying for interest on costs and the fact that family provision orders had been made in favour of the parties liable to pay costs without regard to their liability to pay interest on costs. Additionally, the court had to determine whether costs had been incurred but not yet paid.

The court examined the sufficiency of the evidence provided regarding the delay in applying for interest on costs. It considered the legal principles surrounding interest on costs and the effect of the delay in making the application. The court also looked into the family provision orders and their implications for the liability to pay interest on costs. Ultimately, the court had to decide whether interest on costs should be awarded, taking into account all relevant factors and legal principles.

In its reasoning, the court determined that the delay in applying for interest on costs did not necessarily preclude the award of interest. The court found that the delay did not automatically disqualify the applicant from receiving interest on costs. However, the court also noted that the delay could be a relevant factor in assessing the appropriate amount of interest to be awarded. Regarding the family provision orders, the court concluded that they did not absolve the parties liable to pay costs from their liability to pay interest on costs. The court held that the family provision orders did not affect the parties' obligation to pay interest on costs, and therefore, interest on costs could still be awarded.

The court ordered that interest on costs be awarded, taking into account the delay in applying for interest on costs and other relevant factors. The court also confirmed that the family provision orders did not absolve the parties from their liability to pay interest on costs. The final orders included the award of interest on costs, with the specific amount to be determined based on the evidence and legal principles applied by the court.