| Insurance Australia Ltd v Clewley (NSWSC) - motor accident compensation - permanent impairment - additional relevant information - failure to apply s62 Motor Accidents Compensation Act 1999 (NSW) - application to refer medical dispute to medical assessor remitted (I G)
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| Symes v Mick Fabar Constructions Pty Ltd (No 2) (NSWSC) - costs - proceedings in NSW Civil and Administrative Tribunal - parties to pay own costs of plaintiff's unsuccessful appeal to Court in relation to costs (I B C)
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| O'Brien v Greater Bendigo City Council; Lea v Fosterville Gold Mine (costs ruling) (VSC) - costs - judicial mediation held day before trial - orders fixing fees in counsel's favour granted (I C)
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| Harris v Knell (WASCA) - costs - offer of compromise - Calderbank offer - unsuccessful appellants did not unreasonably reject respondents' offer - indemnity costs refused (I)
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| Copping Refuse Disposal Site Joint Authority v Southern Beaches Conservation Society Inc (TASSC) - costs - discontinued action - no unreasonable rejection of offer of compromise - indemnity costs refused (I B C)
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| Summaries With Link (Five Minute Read) |
Insurance Australia Ltd v Clewley [2015] NSWSC 1805
Supreme Court of New South Wales
Fagan J
Motor accident compensation -plaintiff was third party insurer under Motor Accidents Compensation Act 1999 (NSW) of motor vehicle allegedly at fault in accident - first defendant claimant contended he was injured in accident and sought compensation - plaintiff sought judicial review of Motor Accidents Authority's decision that medical dispute concerning degree of whole person impairment suffered not should be referred to medical assessor - “additional relevant information”- held: proper officer failed to apply s62 to materials before him in accordance with law - plaintiff's application to have matter referred for assessment remitted to Authority.
Insurance Australia Ltd (I G) |
Symes v Mick Fabar Constructions Pty Ltd (No 2) [2016] NSWSC 69
Supreme Court of New South Wales
Wilson J
Costs - plaintiffs successful against defendants in proceedings in NSW Civil and Administrative Tribunal - defendant appealed member's decision - appeal dismissed - Appeal Panel refused plaintiff's application for costs - plaintiff sought leave to appeal for order that defendant pay costs - Court refused leave to appeal and ordered each party to bear own costs - defendant sought order for costs of unsuccessful appeal - s60(1) Civil and Administrative Tribunal Act 2013 (NSW) - s98(1) Civil Procedure Act 2005 (NSW) - r42.1 Uniform Civil Procedure Rules 2005 (NSW) - held: general rule concerning costs in NCAT's jurisdiction was that parties pay own costs - no ‘disentitling' conduct' - each party had lodged unsuccessful appeal - no special circumstances or malfeasance by either party - parties to bear own costs.
Symes (I B C) |
O'Brien v Greater Bendigo City Council; Lea v Fosterville Gold Mine (costs ruling) [2016] VSC 33
Supreme Court of Victoria
J Forrest J
Costs - plaintiffs injured in industrial accidents sued employers for damages - claims settled following judicial mediations immediately before sittings - it was agreed employer would pay costs including senior and junior counsels' brief fees at trial - whether fee should be allowed for senior and junior counsel's appearances at judicial mediation - if fee was allowed, issue was as to quantum of fee - held: no reason to preclude ordering fee in counsel's favour notwithstanding judicial mediation held day before trial - judicial mediation was discrete event creating an entitlement to costs - orders fixing fees made.
O'Brien (I C) |
Harris v Knell [2016] WASCA 11
Court of Appeal of Western Australia
Buss & Murphy JJA; Mitchell J
Indemnity costs - Calderbank offer - Court refused leave to appeal and dismissed appellants' appeal - no dispute appellants should pay respondents' costs of appeal - respondents sought indemnity costs in reliance on Calderbank letter - held: appeal wholly unsuccessful but Court not persuaded that it was so unreasonable as to justify indemnity costs - Court not persuaded appellants unreasonably rejected offer in the circumstances - appellants to pay respondent's costs taxed on party and party basis.
Harris (I) |
Copping Refuse Disposal Site Joint Authority v Southern Beaches Conservation Society Inc [2016] TASSC 5
Supreme Court of Tasmania
Blow CJ
Costs - indemnity costs - litigation concerning proposed development of waste disposal facility - plaintiff discontinued action - plaintiff conceded it should pay cost on party-party basis - defendants sought indemnity costs on basis of unreasonable failure by plaintiff to accept offer of compromise - whether sufficient reason to make order sought - r378(1)(a) Supreme Court Rules 2000 (Tas) - held: Court not satisfied plaintiff's case was so weak that its rejection of offer was so unreasonable or imprudent to warrant payment of indemnity costs - application refused.
Copping (I B C) |
