CIMIC Group Limited v AIG Australia Limited (No 2) [2023] NSWSC 640

CIMIC Group Limited v AIG Australia Limited (No 2) [2023] NSWSC 640

Where a plaintiff succeeds on limited claims and fails on dominant claims, costs should reflect separate 'events'; rejection of Calderbank offers may warrant indemnity costs if refusal was unreasonable based on evaluative assessment; Bullock and Sanderson orders not justified where claims against different insurance towers were not sufficiently connected or dependent; interest awarded at court rates unless party persuades otherwise.

Jurisdiction
Australia
Judgment Date
15 June 2023
Procedural Posture
Civil / Post Judgment: Costs Determination
Outcome
Costs apportioned among parties according to success and rejection of offers; interest awarded.
Legal Topics
['costs' 'party/party Costs' 'indemnity Basis' 'calderbank Offers' 'bullock and Sanderson Orders' 'interest on Costs']
['equity' 'insurance Law'] ['costs' 'party/party Costs' 'indemnity Basis' 'calderbank Offers' 'bullock and Sanderson Orders' 'interest on Costs']

Case Brief

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Procedural Posture

Civil / Post Judgment: Costs Determination

Legal Issues

  1. 1 ["Proper characterisation of the 'event' for costs purposes" 'Appropriate orders in light of mixed outcome' 'Impact of Calderbank offers on indemnity costs' 'Justification for Bullock or Sanderson orders' 'Interest on costs']

Ratio Decidendi

Where a plaintiff succeeds on limited claims and fails on dominant claims, costs should reflect separate 'events'; rejection of Calderbank offers may warrant indemnity costs if refusal was unreasonable based on evaluative assessment; Bullock and Sanderson orders not justified where claims against different insurance towers were not sufficiently connected or dependent; interest awarded at court rates unless party persuades otherwise.

Court Disposition

Costs apportioned among parties according to success and rejection of offers; interest awarded.

Orders

  • ["CIMIC to pay 90% of AIG's costs on ordinary basis until 14 May 2022 and 100% on indemnity basis thereafter; interest payable on costs at court rates from date of payment." "AIG and Swiss Re bear their own costs of AIG's cross-claim against Swiss Re." "Berkley to pay AIG's costs of cross-claim and interest from...