Incomlend Pte Ltd v Insurance Australia Ltd (No. 2) [2024] NSWSC 1564

Incomlend Pte Ltd v Insurance Australia Ltd (No. 2) [2024] NSWSC 1564

Each party achieved substantial, but not complete, success on different issues in the motion for security for costs. The appropriate order is that the costs of the motion be costs in the cause.

Parties
Second Defendant/first Applicant: Tokio Marine & Nichido Fire Insurance Co Ltd; Third Defendant/second Applicant: BCC Trade Credit Pty Ltd; First Plaintiff/first Respondent: Incomlend Pte Ltd; Second Plaintiff/second Respondent: Amicorp Trustees (Singapore) Limited
Jurisdiction
Australia
Judgment Date
05 December 2024
Procedural Posture
Application for Security for Costs / Costs Determination Following Interlocutory Judgment
Outcome
Costs of the motion be costs in the cause
Legal Topics
Security for Costs, Costs Determination, Commercial Litigation
Civil Procedure Costs Law Security for Costs Costs Determination Commercial Litigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Tokio Marine & Nichido Fire Insurance Co Ltd

Second Defendant/first Applicant

BCC Trade Credit Pty Ltd

Third Defendant/second Applicant

Incomlend Pte Ltd

First Plaintiff/first Respondent

Amicorp Trustees (Singapore) Limited

Second Plaintiff/second Respondent

Procedural Posture

Application for Security for Costs / Costs Determination Following Interlocutory Judgment

Legal Issues

  1. 1 Whether costs of the security for costs motion should follow the event or be costs in the cause

Ratio Decidendi

Each party achieved substantial, but not complete, success on different issues in the motion for security for costs. The appropriate order is that the costs of the motion be costs in the cause.

Court Disposition

Costs of the motion be costs in the cause

Orders

  • The costs of the Second and Third Defendants' motion filed 25 July 2024 be costs in the cause.