Johnson v HCC Underwriting Agency Ltd as trustees for Syndicate 4040 of Lloyds [2013] NSWSC 1156

Johnson v HCC Underwriting Agency Ltd as trustees for Syndicate 4040 of Lloyds [2013] NSWSC 1156

WCNI was entitled to costs against CBA, on an ordinary basis until the date of the offer of compromise (21 April 2012) and on an indemnity basis thereafter, given there was no realistic prospect of the required impairment being established.

Jurisdiction
Australia
Judgment Date
23 August 2013
Procedural Posture
Civil / Post Dismissal Costs Order Following Resolution of Substantive Issues
Outcome
Costs awarded to Workers Compensation Nominal Insurer against Commonwealth Bank of Australia (cross-claimant), on ordinary basis until 21 April 2012, and indemnity basis thereafter.
Legal Topics
['cross Claim Dismissed' 'application for Ordinary and Indemnity Costs' 'offer of Compromise Made']
['costs'] ['cross Claim Dismissed' 'application for Ordinary and Indemnity Costs' 'offer of Compromise Made']

Case Brief

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Procedural Posture

Civil / Post Dismissal Costs Order Following Resolution of Substantive Issues

Legal Issues

  1. 1 ['Entitlement to costs and basis for assessment following dismissal of cross-claim.']

Ratio Decidendi

WCNI was entitled to costs against CBA, on an ordinary basis until the date of the offer of compromise (21 April 2012) and on an indemnity basis thereafter, given there was no realistic prospect of the required impairment being established.

Court Disposition

Costs awarded to Workers Compensation Nominal Insurer against Commonwealth Bank of Australia (cross-claimant), on ordinary basis until 21 April 2012, and indemnity basis thereafter.

Orders

  • ['The cross-claimant (Commonwealth Bank of Australia) pay the costs of the second cross-defendant (Workers Compensation Nominal Insurer) of the cross-claim.' 'Costs be assessed on an ordinary basis until 21 April 2012, and on an indemnity basis thereafter.']