August Update: Applying the Maximum Costs Provisions and Pre Judgement Interest

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The New South Wales Court of Appeal has recently considered the question of whether pre-judgment interest should be taken into account in determining whether costs are capped under the maximum costs provisions of the Legal Profession Act 2004 .

In this month’s newsletter, we review the relevant decisions and consider the implications of the court’s interpretation of the maximum costs provisions.

Further Questions?
Call 9006 1033

Referenced Caselaw
State of New South Wales v Avery [2016] NSWCA 147 (27 June 2016)
Haines v Bendall [1991] 172 CLR 60

Referenced Legislation
section 338(1) of Legal Profession Act 2004
section 343(2) of Legal Profession Act 2004
section 69 of Supreme Court Act 1970
section 100(1) of Civil Procedure Act 2005