Comments on: Interest on costs http://lawyerslawyer.net/2010/02/02/interest-on-costs/ Stephen Warne on professional negligence, regulation and discipline around the world Mon, 30 Aug 2010 04:27:43 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: Marcellous http://lawyerslawyer.net/2010/02/02/interest-on-costs/comment-page-1/#comment-14071 Marcellous Mon, 15 Mar 2010 07:48:35 +0000 http://lawyerslawyer.net/?p=1711#comment-14071 Section 5(7) of the Limitations Act doesn't have quite the effect you seem to suppose. You can enforce a judgment by means of execution (as opposed to commencing fresh proceedings - quite frankly, it's hard to think when you would ever have to do that) for as long as you like or, more accurately, for as long as the court, in its discretion, will let you. See: <em>Dennehy v Reasonable Endeavours Pty Ltd, in the matter of Dennehy (A Bankrupt)</em> <a href="http://www.austlii.edu.au/au/cases/cth/FCAFC/2003/158.html" rel="nofollow">[2003] FCAFC 158</a> It's a scandal and will come as a shock to many, but that's apparently the law. Section 5(7) of the Limitations Act doesn’t have quite the effect you seem to suppose. You can enforce a judgment by means of execution (as opposed to commencing fresh proceedings – quite frankly, it’s hard to think when you would ever have to do that) for as long as you like or, more accurately, for as long as the court, in its discretion, will let you.

See:

Dennehy v Reasonable Endeavours Pty Ltd, in the matter of Dennehy (A Bankrupt) [2003] FCAFC 158

It’s a scandal and will come as a shock to many, but that’s apparently the law.

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