Power Technologies Pty Limited v State Insurance Regulatory Authority & Ors (No. 2); (Re: Peter Watson) [2018] NSWDDT 2

Power Technologies Pty Limited v State Insurance Regulatory Authority & Ors (No. 2); (Re: Peter Watson) [2018] NSWDDT 2

Although Power's joinder of SIRA was reasonable, nothing said or done by Allianz led Power to sue SIRA; Power chose to bring the cross-claim against all four insurers after SIRA denied indemnity. It was therefore not just to require Allianz to bear SIRA's costs by a Bullock or Sanderson order. Power also failed to identify any basis, offer, Calderbank letter, rule, or principle justifying indemnity costs, so Allianz was ordered to pay Power's costs of the Amended Second Cross-Claim only on the ordinary basis.

Jurisdiction
Australia
Judgment Date
16 February 2018
Procedural Posture
Costs Application in Amended Second Cross Claim / Determination on the Papers After Judgment on Liability Under S 151 AB of the Workers Compensation Act 1987
Outcome
Bullock or Sanderson order refused; indemnity costs refused; ordinary costs orders made.
Legal Topics
['bullock Order' 'sanderson Order' 'indemnity Costs' 'costs of Cross Claim' 'workers Compensation Insurer Indemnity']
['costs' 'workers Compensation' 'insurance Indemnity'] ['bullock Order' 'sanderson Order' 'indemnity Costs' 'costs of Cross Claim' 'workers Compensation Insurer Indemnity']

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Procedural Posture

Costs Application in Amended Second Cross Claim / Determination on the Papers After Judgment on Liability Under S 151 AB of the Workers Compensation Act 1987

Legal Issues

  1. 1 ['Whether the cross-claimant was entitled to a Bullock or Sanderson order requiring the fourth cross-defendant to pay the costs which the cross-claimant would be ordered to pay to the first and second cross-defendants.' 'Whether the conduct of the unsuccessful cross-defendant made it fair to impose liability on it for the costs of the successful cross-defendant.' 'Whether the cross-claimant was entitled to indemnity costs against the fourth cross-defendant.']

Ratio Decidendi

Although Power's joinder of SIRA was reasonable, nothing said or done by Allianz led Power to sue SIRA; Power chose to bring the cross-claim against all four insurers after SIRA denied indemnity. It was therefore not just to require Allianz to bear SIRA's costs by a Bullock or Sanderson order. Power also failed to identify any basis, offer, Calderbank letter, rule, or principle justifying indemnity costs, so Allianz was ordered to pay Power's costs of the Amended Second Cross-Claim only on the ordinary basis.

Court Disposition

Bullock or Sanderson order refused; indemnity costs refused; ordinary costs orders made.

Orders

  • ['Order the cross-claimant to pay the costs of the first and second cross-defendants of the Amended Second Cross-Claim.' 'No order as to the costs of the third cross-defendant.' "Order the fourth cross-defendant to pay the cross-claimant's costs of the Amended Second Cross-Claim." 'Order the cross-claimant to pay...