Auspine Staff Superannuation Pty Ltd v Henderson (No 2) [2006] FCA 1533

Auspine Staff Superannuation Pty Ltd v Henderson (No 2) [2006] FCA 1533

Costs follow the event even where success is not total; justice served by allocating costs proportionally (respondent to pay two-thirds of applicant's costs). Refusal of indemnity costs where settlement offer did not reflect actual success or was not reasonable to accept.

Parties
Applicant: Auspine Staff Superannuation Pty Ltd; Respondent / Cross Claimant: Philip Henderson; Second Cross Respondent: AMP Life Ltd
Jurisdiction
Australia
Judgment Date
17 November 2006
Procedural Posture
Costs Application Following Appeal and Cross Appeal / Post Judgment (costs Order)
Outcome
Costs awarded as per orders. Respondent to pay two-thirds of applicant's costs; insurer (AMP Life Ltd) to pay cross claimant's costs of cross appeal; indemnity costs refused.
Legal Topics
Costs, Appeals, Cross Claims, Superannuation
Civil Procedure Costs Appeals Cross Claims Superannuation

Case Brief

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Parties

Auspine Staff Superannuation Pty Ltd

Applicant

Philip Henderson

Respondent / Cross Claimant

AMP Life Ltd

Second Cross Respondent

Procedural Posture

Costs Application Following Appeal and Cross Appeal / Post Judgment (costs Order)

Legal Issues

  1. 1 Should costs follow the event when both applicant and respondent succeeded on aspects of application and cross claim
  2. 2 Whether indemnity costs should be awarded based on an offer to settle
  3. 3 Allocation of costs between parties based on success and failure of grounds

Ratio Decidendi

Costs follow the event even where success is not total; justice served by allocating costs proportionally (respondent to pay two-thirds of applicant's costs). Refusal of indemnity costs where settlement offer did not reflect actual success or was not reasonable to accept.

Court Disposition

Costs awarded as per orders. Respondent to pay two-thirds of applicant's costs; insurer (AMP Life Ltd) to pay cross claimant's costs of cross appeal; indemnity costs refused.

Orders

  • The respondent pay two-thirds of the applicant's costs of the proceeding.
  • The second cross respondent pay the cross claimant's costs of the cross appeal.