Zepinic v Chateau Constructions (Australia) Ltd (No 2)

In *Zepinic v Chateau Constructions (Australia) Ltd (No 2)*, the plaintiff, Zepinic, sought to recover interest on costs awarded in earlier proceedings against the defendant, Chateau Constructions (Australia) Ltd. The application was heard by McColl JA in the Court of Appeal of New South Wales.

The central legal issue before the court was whether an application for interest on costs, pursuant to s 101(4) of the *Civil Procedure Act 2005* (NSW), must be made at the time of the original judgment or order, or if it could be made within the time limited by Rule 36.16 of the *Uniform Civil Procedure Rules 2005* (NSW) for setting aside or varying judgments or orders.

McColl JA determined that the application for interest on costs under s 101(4) of the *Civil Procedure Act 2005* was not an application to set aside or vary a judgment or order within the meaning of Rule 36.16 of the *Uniform Civil Procedure Rules 2005*. Therefore, the time limit prescribed by Rule 36.16 did not apply to such an application. However, the court noted that the plaintiff had not sought interest on costs at the time of the original judgment.

The amended notice of motion was dismissed, and no order was made for costs.