Macquarie Underwriting Pty Ltd v Permanent Custodians Limited (No 2) [2007] FCAFC 108

Macquarie Underwriting Pty Ltd v Permanent Custodians Limited (No 2) [2007] FCAFC 108

Given both parties had relative successes and failures and the interlocutory nature of the applications, costs of the motions before the primary judge and on appeal should be costs in the cause in proceeding NSD 1758 of 2004, to abide the outcome of the claims by Permanent against the Insurers.

Parties
First Appellant: Macquarie Underwriting Pty Ltd; Second Appellant: SVB Syndicates Limited; First Respondent: Permanent Custodians Limited; Second Respondent: ARMA Pty Limited; Third Respondent: Neil Teves
Jurisdiction
Australia
Judgment Date
20 July 2007
Procedural Posture
Appeal / Post Judgment Costs Order
Outcome
Costs order made; costs of specified motions and the appeal to be costs in the cause in proceeding NSD 1758 of 2004 to abide the outcome of the claims.
Legal Topics
Costs, Joinder of Parties, Insurance Claims, Leave to Commence Proceedings
Civil Procedure Costs Joinder of Parties Insurance Claims Leave to Commence Proceedings

Case Brief

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Parties

Macquarie Underwriting Pty Ltd

First Appellant

SVB Syndicates Limited

Second Appellant

Permanent Custodians Limited

First Respondent

ARMA Pty Limited

Second Respondent

Neil Teves

Third Respondent

Procedural Posture

Appeal / Post Judgment Costs Order

Legal Issues

  1. 1 Entitlement to costs following partial success on appeal relating to joinder under s 6 Law Reform (Miscellaneous Provisions) Act 1946 (NSW)
  2. 2 Whether costs should follow event or be costs in the cause

Ratio Decidendi

Given both parties had relative successes and failures and the interlocutory nature of the applications, costs of the motions before the primary judge and on appeal should be costs in the cause in proceeding NSD 1758 of 2004, to abide the outcome of the claims by Permanent against the Insurers.

Court Disposition

Costs order made; costs of specified motions and the appeal to be costs in the cause in proceeding NSD 1758 of 2004 to abide the outcome of the claims.

Orders

  • The costs of the motion that was the subject of the judgments of the primary judge on 29 May 2006 and 4 July 2006 and the costs of the appeal be costs in proceeding NSD 1758 of 2004 to abide the outcome of the claims made by the first respondent against the appellants in that proceeding.