CGU Insurance Limited v AAI Limited; CGU Insurance Limited v AAI Limited (No 2) [2017] NSWCA 58

CGU Insurance Limited v AAI Limited; CGU Insurance Limited v AAI Limited (No 2) [2017] NSWCA 58

The appropriateness of making a Bullock order depends on the reasonableness of Amaca's joinder of both insurers in the Tribunal proceedings; this question should be remitted to the Tribunal where the relevant factual circumstances can be evaluated. Until that fact-finding occurs, a Bullock order in respect of costs in the appeal is not appropriate. However, the respondents must pay the appellant's costs of the appeal as agreed.

Jurisdiction
Australia
Judgment Date
28 March 2017
Procedural Posture
Appeal / Costs Determination Following Appeal Judgment
Outcome
Orders for costs and remitter made
Legal Topics
['costs' 'bullock Orders' 'contribution Between Insurers' 'dust Diseases Tribunal']
['insurance Law' 'civil Procedure'] ['costs' 'bullock Orders' 'contribution Between Insurers' 'dust Diseases Tribunal']

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Procedural Posture

Appeal / Costs Determination Following Appeal Judgment

Legal Issues

  1. 1 ['Whether a Bullock order should be made in respect of the costs of proceedings in the Dust Diseases Tribunal below' 'Whether a Bullock order should be made in respect of the costs of appeal' 'Whether it was reasonable for Amaca to join both CGU and AAI as cross-defendants']

Ratio Decidendi

The appropriateness of making a Bullock order depends on the reasonableness of Amaca's joinder of both insurers in the Tribunal proceedings; this question should be remitted to the Tribunal where the relevant factual circumstances can be evaluated. Until that fact-finding occurs, a Bullock order in respect of costs in the appeal is not appropriate. However, the respondents must pay the appellant's costs of the appeal as agreed.

Court Disposition

Orders for costs and remitter made

Orders

  • ["The respondents pay the appellant's costs of the appeal." 'The matter be remitted to the Dust Diseases Tribunal to deal with any application by the cross-claimant for a Bullock order relating to costs Amaca has been ordered to pay to CGU.' "Any costs that AAI (first respondent) is ordered to pay to Amaca (second...