| Ke Qin
Ren v Hong Jiang; Yi Cheng Jiang v Wan Ze Property Development (Aust) Pty Ltd
(in liq) (NSWCA) – costs – Calderbank offer – offer to consent to
dismiss abuse of process motion – indemnity costs granted
|
| Mordue
v QBE Insurance (Australia) Ltd (NSWSC) – motor accident
compensation – QBE bound by admission of liability despite withdrawal –
Assessor’s exemption of claim quashed
|
| Gibb v
Gibb (VSC) – testator’s family maintenance – solicitors’ duties
– misconceived application for removal of estate’s trustees dismissed –
adjournment to determine whether costs order to be made against solicitors
|
| Dean v
Collins (WASCA) – succession –dismissal of family provision
application – security for costs of appeal refused
|
| Summaries With Link (Five Minute Read) |
Ke Qin
Ren v Hong Jiang; Yi Cheng Jiang v Wan Ze Property Development (Aust) Pty Ltd
(in liq)
[2015] NSWCA 22
Court of Appeal of New South Wales
Barrett, Gleeson & Leeming JJA
Costs - Court allowed appeals in separate
proceedings brought by parties - Court also dismissed respondents’ notice of
motion contending that application for leave to appeal proceedings was abuse of
process - Court set aside orders against applicant and first respondents and
remitted proceedings – respondents ordered to pay active parties’ costs of
appellate proceedings with costs of proceedings at first instance to be
determined on remitter – parties sought variations of costs orders - applicants
sought indemnity costs based on Calderbank letter – respondents sought more
favourable order on basis appeals succeeded on point not run at first instance
– held: unreasonable of respondent not to accept offer to discontinue abuse of
process motion with no order for costs – applicants entitled to indemnity costs
- essential point that summary judgment should be entered was advanced at first
instance – much of time and expense incurred on appeal attributable to new
points respondents raised unsuccessfully – respondents did not raise any new
matter not already addressed – orders varied.
Ke Qin Ren
|
Mordue
v QBE Insurance (Australia) Ltd
[2015] NSWSC 98
Supreme Court of New South Wales
Adams J
Motor accidents compensation – plaintiff
claimed against QBE under Motor Accidents
Compensation Act 1999 (NSW) (MACA) for injuries suffered in motor car rally
accident – plaintiff was passenger in vehicle driven by son - unregistered
vehicle permit under Road Transport
(Vehicle Registration) Act 1997 (NSW) issued in respect of vehicle attached
a third party insurance policy issued by QBE – QBE first admitted liability
then denied indemnity to driver - plaintiff sought to quash Claims Assessor’s
conclusion claim must be exempted from determination on basis QBE had denied
indemnity – s81 MACA – held: QBE bound by its notice admitting liability – no
room for exercise of discretion to exempt claim - granting relief sought could
not be regarded as potentially futile –decision quashed.
Mordue
|
Gibb v Gibb [2015] VSC 35
Supreme
Court of Victoria
McDonald
J
Testator’s
family maintenance – solicitors’ duties - children of deceased by mother as
litigation guardian sought orders under Part IV Administration and Probate Act 1958 (Vic) by reference to
deceased’s appointment of his parents to administer his estate – mother
concerned deceased’s parents would not make proper provision for maintenance of
children - held: no legal or factual basis upon which order could be made
pursuant to s48 Trustee Act 1958
(Vic) for removal of deceased’s parents as trustees of estate - relief sought
in originating motion misconceived - prima facie grounds on which Court might
be satisfied plaintiffs’ solicitors contravened overarching obligation under
ss18 & 24 Civil Procedure Act 2005 (Vic)
– proceedings adjourned to determine whether costs order should be made against
solicitors in interests of justice.
Gibb
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Dean v Collins [2015] WASCA 28
Court
of Appeal of Western Australia
Murphy
JA
Security
for costs – succession – appellant sought family provision order under Family Provision Act 1972 (WASCA) in respect
of late mother’s Will – Master dismissed appellant’s application – appellant
appealed – respondents sought security for costs – held: Court not persuaded
security for costs should be ordered – appellant’s case arguable - Court not
persuaded appellant would be unable to meet adverse costs order – not
unreasonable for appellant not to have paid costs of primary proceedings where
there had been no taxation of costs below – not appropriate to have waited
until after parties filed respective cases before making assessment whether
security should be sought – application dismissed.
Dean
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