Reinsurance Australia Corporation Limited v HIH Casualty and General Insurance Ltd (in liquidation) [2003] FCA 526

Reinsurance Australia Corporation Limited v HIH Casualty and General Insurance Ltd (in liquidation) [2003] FCA 526

AIG, Heath, and Chase should pay 75% of the applicants' costs for the motions, reflecting a discount for wasted costs on abandoned claims; costs relating to certain statements excluded and to be treated as costs in the cause; HIH's costs of its motion to be its costs in the cause.

Jurisdiction
Australia
Judgment Date
30 May 2003
Procedural Posture
Interlocutory Motions and Costs Proceedings / Judgment on Costs
Outcome
Costs partially awarded to applicants; apportionment and exclusions as set out.
Legal Topics
['costs' 'apportionment of Costs' 'stays of Proceedings']
['civil Procedure'] ['costs' 'apportionment of Costs' 'stays of Proceedings']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Interlocutory Motions and Costs Proceedings / Judgment on Costs

Legal Issues

  1. 1 ['Appropriate costs orders following interlocutory motions' 'Whether and how costs should be apportioned among respondents' 'Consequences of abandoned claims on costs' 'Proper treatment of costs relating to certain statements']

Ratio Decidendi

AIG, Heath, and Chase should pay 75% of the applicants' costs for the motions, reflecting a discount for wasted costs on abandoned claims; costs relating to certain statements excluded and to be treated as costs in the cause; HIH's costs of its motion to be its costs in the cause.

Court Disposition

Costs partially awarded to applicants; apportionment and exclusions as set out.

Orders

  • ["The second, third, and fifth respondents pay 75% of the applicants' costs of the preparation and hearing of specified motions." 'The costs payable exclude costs incurred in preparing statements of Mr KL Walwin and Ms CJ Hamilton exhibited to affidavit of Mr TR Price sworn 6 November 2002.' 'The costs of...