Wade v Muir (No 2) [2009] NSWSC 991

The plaintiff had possession of the relevant information and continued with her application despite knowing it. LawCover was not obligated to inform the plaintiff, nor did its conduct bring about the proceedings. Therefore, no basis for a departure from the usual costs order was established; plaintiff should pay LawCover’s costs.

Parties: Plaintiff: Dawn Florence Wade; First Defendant: Brian Muir; Second Defendant: Donald Wakeling; Proposed Defendant/insurer: LawCover Pty Ltd
Jurisdiction: Australia
Judgment Date: 23 September 2009
Procedural Posture: Civil / Costs Application Following Unsuccessful Motion to Join Law Cover as a Defendant
Outcome: Plaintiff to pay LawCover’s costs of the unsuccessful application to join LawCover as a defendant.
Legal Topics: Costs, Professional Negligence, Joinder of Insurer

Civil Procedure Costs Professional Negligence Joinder of Insurer

Case Brief

Summary, issues, holding and outcome

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Parties

Dawn Florence Wade

Plaintiff

Brian Muir

First Defendant

Donald Wakeling

Second Defendant

LawCover Pty Ltd

Proposed Defendant/insurer

Procedural Posture

Civil / Costs Application Following Unsuccessful Motion to Join Law Cover as a Defendant

Legal Issues

1 Whether costs should be awarded against the plaintiff for the unsuccessful application to join LawCover as a defendant
2 Whether the conduct of LawCover justified a departure from the usual costs order

Ratio Decidendi

Court Disposition

Plaintiff to pay LawCover’s costs of the unsuccessful application to join LawCover as a defendant.

Orders

Plaintiff ordered to pay LawCover’s costs of the notice of motion to join LawCover as a defendant.