Forge Group Ltd (in liq) (receivers and managers appointed) v Hutchinson [2018] NSWSC 467

Forge Group Ltd (in liq) (receivers and managers appointed) v Hutchinson [2018] NSWSC 467

The Court determined that earlier disclosure by Chubb of its indemnity decisions would likely have led to the plaintiff withdrawing its application for leave at an earlier date, saving costs incurred, and therefore the insurers should pay the plaintiff's costs from and including 25 October 2017.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 April 2018
Procedural Posture
Interlocutory Application / Costs Order Following Withdrawal of Application for Leave
Outcome
Application for leave withdrawn; costs order made
Legal Topics
['costs Orders in Interlocutory Proceedings' 'duty of Solicitors Under S 56(4) Civil Procedure Act 2005 (nsw)' 'third Party Claims Against Insurers']
['civil Procedure' 'insurance Law'] ['costs Orders in Interlocutory Proceedings' 'duty of Solicitors Under S 56(4) Civil Procedure Act 2005 (nsw)' 'third Party Claims Against Insurers']

Source-derived case record

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Procedural Posture

Interlocutory Application / Costs Order Following Withdrawal of Application for Leave

Legal Issues

  1. 1 ['Whether plaintiff should have its costs of the application for leave to proceed against D&O insurers from the time primary insurers admitted liability']

Ratio Decidendi

The Court determined that earlier disclosure by Chubb of its indemnity decisions would likely have led to the plaintiff withdrawing its application for leave at an earlier date, saving costs incurred, and therefore the insurers should pay the plaintiff's costs from and including 25 October 2017.

Court Disposition

Application for leave withdrawn; costs order made

Orders

  • ["Fourteenth to Seventeenth defendants to pay plaintiff's costs of its application for leave under the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) from and including 25 October 2017" 'Application otherwise dismissed']