AAI Limited t/as AAMI v Phillips (No. 2) [2018] NSWSC 1829

AAI Limited t/as AAMI v Phillips (No. 2) [2018] NSWSC 1829

The first defendant failed to show any basis for varying the costs order. The proper course, if asserting the proceedings were moot or inutile, would have been to seek a stay. The plaintiffs' conduct did not disqualify them from costs. Judicial review proceedings do not entitle the unsuccessful party to a certificate under the Suitors' Fund Act. Therefore, the notice of motion is dismissed and the first defendant is to pay the costs.

Jurisdiction
Australia
Judgment Date
03 December 2018
Procedural Posture
Judicial Review and Costs Application / Post Judgment Motion on Costs
Outcome
First defendant's notice of motion dismissed; first defendant to pay costs of notice of motion.
Legal Topics
['judgments and Orders' 'setting Aside Orders' 'costs' 'judicial Review' 'motor Accident Compensation']
['civil Procedure' 'administrative Law'] ['judgments and Orders' 'setting Aside Orders' 'costs' 'judicial Review' 'motor Accident Compensation']

Case Brief

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Procedural Posture

Judicial Review and Costs Application / Post Judgment Motion on Costs

Legal Issues

  1. 1 ['Whether the costs order requiring first defendant to pay plaintiffs’ costs should be set aside under UCPR r 36.16' 'Whether the proceedings were moot or inutile and thus whether costs should follow the event' 'Whether any exception to the general rule on costs applies' "Entitlement of first defendant to indemnity certificate under Suitors' Fund Act 1951 (NSW)"]

Ratio Decidendi

The first defendant failed to show any basis for varying the costs order. The proper course, if asserting the proceedings were moot or inutile, would have been to seek a stay. The plaintiffs' conduct did not disqualify them from costs. Judicial review proceedings do not entitle the unsuccessful party to a certificate under the Suitors' Fund Act. Therefore, the notice of motion is dismissed and the first defendant is to pay the costs.

Court Disposition

First defendant's notice of motion dismissed; first defendant to pay costs of notice of motion.

Orders

  • ["The first defendant's notice of motion filed 14 November 2018 is dismissed." 'The first defendant is to pay the costs of the notice of motion.']