(re Vasiliou) Chubb Australia Limited v Mercantile Mutual Insurance (Australia) Limited & Ors [2007] NSWDDT 21

(re Vasiliou) Chubb Australia Limited v Mercantile Mutual Insurance (Australia) Limited & Ors [2007] NSWDDT 21

Because Mercantile had paid NEM on 6 July 2004 for both the judgment amount paid to the plaintiff and NEM's costs up to that date, NEM's continuing involvement in the remaining costs dispute was not justified except to that date; any Sanderson order for NEM's costs was therefore limited to 6 July 2004 and NEM was to bear its own costs thereafter.

Jurisdiction
Australia
Judgment Date
21 May 2007
Procedural Posture
Dust Diseases Tribunal Cross Claim / Ruling on Costs Orders Following Ex Tempore Reasons
Outcome
Orders made in accordance with the short minutes of order dated 21 May 2007; Sanderson order for NEM's costs limited to 6 July 2004, with NEM to bear its own costs thereafter.
Legal Topics
['costs Disputes' 'sanderson Order' 'indemnity for Costs' 'short Minutes of Order']
['civil Procedure' 'costs' 'insurance'] ['costs Disputes' 'sanderson Order' 'indemnity for Costs' 'short Minutes of Order']

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Procedural Posture

Dust Diseases Tribunal Cross Claim / Ruling on Costs Orders Following Ex Tempore Reasons

Legal Issues

  1. 1 ["Whether NEM should recover costs after 6 July 2004 despite Mercantile having paid NEM the judgment amount and NEM's costs up to that date." "Whether the Sanderson order in respect of NEM's costs should be limited to costs incurred up to 6 July 2004."]

Ratio Decidendi

Because Mercantile had paid NEM on 6 July 2004 for both the judgment amount paid to the plaintiff and NEM's costs up to that date, NEM's continuing involvement in the remaining costs dispute was not justified except to that date; any Sanderson order for NEM's costs was therefore limited to 6 July 2004 and NEM was to bear its own costs thereafter.

Court Disposition

Orders made in accordance with the short minutes of order dated 21 May 2007; Sanderson order for NEM's costs limited to 6 July 2004, with NEM to bear its own costs thereafter.

Orders

  • ["The Sanderson order indicated in respect of NEM's costs is limited to 6 July 2004." 'NEM is to bear its own costs after 6 July 2004.' 'Orders made in accordance with the short minutes of order dated 21 May 2007 and signed by the representatives of the parties.']