Tosich v Tasman Investment Management Limited [2008] FCA 560

Tosich v Tasman Investment Management Limited [2008] FCA 560

Tosich was the successful plaintiff and there was no proper basis to deprive him of costs for the period he was a plaintiff. The Kotwal and Roach claims were excluded because payment was not proved or admitted. Aon was required to pay 75% of Tasman Investment Management Limited and Colin Philip Warne's costs, with 25% attributed to their cross-claim against American Home Assurance Company. A Bullock order was warranted requiring Aon to pay the costs which Tasman Investment Management Limited and Colin Philip Warne were liable to pay Tosich because Aon's conduct caused the need for litigation between the plaintiffs and defendants, but Aon was not responsible for the joinder of American...

Jurisdiction
Australia
Judgment Date
17 April 2008
Procedural Posture
Federal Court Civil Proceeding With Cross Claims / Reasons for Judgment Concerning Final Orders, Costs, Damages Adjustments and Bullock Orders After Earlier Judgment
Outcome
Judgment entered for John Tosich against Tasman Investment Management Limited and Colin Philip Warne; All Saints Investments Pty Limited's proceedings dismissed; first, third and fourth cross-claims dismissed; judgment entered for Tasman Investment Management Limited and Colin Philip Warne against Aon Risk Services...
Legal Topics
['final Orders' 'cross Claims' 'bullock Order' 'assessment of Damages' 'costs of Proceedings']
['civil Procedure' 'costs' 'insurance'] ['final Orders' 'cross Claims' 'bullock Order' 'assessment of Damages' 'costs of Proceedings']

Case Brief

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Procedural Posture

Federal Court Civil Proceeding With Cross Claims / Reasons for Judgment Concerning Final Orders, Costs, Damages Adjustments and Bullock Orders After Earlier Judgment

Legal Issues

  1. 1 ['Whether Tosich was entitled to costs against Tasman Investment Management Limited and Colin Philip Warne.' 'Whether an allowance for contingencies should be made.' 'Whether the Kotwal and Roach claims could be included in damages.' 'What costs Aon Risk Services Australia Limited should pay to Tasman Investment Management Limited and Colin Philip Warne.' 'Whether a Bullock order should be made against Aon Risk Services Australia Limited in respect of costs payable to John Tosich.' 'Whether Aon Risk Services Australia Limited should pay the costs which Tasman Investment Management Limited and Colin Philip Warne were liable to pay to American Home Assurance Company.' 'How costs of the third cross-claim should be dealt with.']

Ratio Decidendi

Tosich was the successful plaintiff and there was no proper basis to deprive him of costs for the period he was a plaintiff. The Kotwal and Roach claims were excluded because payment was not proved or admitted. Aon was required to pay 75% of Tasman Investment Management Limited and Colin Philip Warne's costs, with 25% attributed to their cross-claim against American Home Assurance Company. A Bullock order was warranted requiring Aon to pay the costs which Tasman Investment Management Limited and Colin Philip Warne were liable to pay Tosich because Aon's conduct caused the need for litigation between the plaintiffs and defendants, but Aon was not responsible for the joinder of American...

Court Disposition

Judgment entered for John Tosich against Tasman Investment Management Limited and Colin Philip Warne; All Saints Investments Pty Limited's proceedings dismissed; first, third and fourth cross-claims dismissed; judgment entered for Tasman Investment Management Limited and Colin Philip Warne against Aon Risk Services...

Orders

  • ['Judgment be entered for the first plaintiff, John Tosich, as against the first defendant, Tasman Investment Management Limited, and the second defendant, Colin Philip Warne, in the sum of $183,616.91.' 'The proceedings brought by the second plaintiff, All Saints Investments Pty Limited, be dismissed.' "Tasman...