Insurance Australia Limited v O’Shannessy (No 2) [2015] NSWSC 1328

Insurance Australia Limited v O’Shannessy (No 2) [2015] NSWSC 1328

The offer was deemed genuine, but the first defendant failed to discharge the onus of persuading the Court that the plaintiff's refusal was unreasonable; indemnity costs were not warranted.

Jurisdiction
Australia
Judgment Date
11 September 2015
Procedural Posture
Judicial Review / Post Judgment; Costs Application Via Notice of Motion
Outcome
First defendant's notice of motion dismissed. First defendant to pay plaintiff's costs of notice of motion.
Legal Topics
['calderbank Letter' 'indemnity Costs' 'reasonableness of Refusal' 'judicial Review' 'motor Accident Compensation']
['costs' 'commercial Arbitration'] ['calderbank Letter' 'indemnity Costs' 'reasonableness of Refusal' 'judicial Review' 'motor Accident Compensation']

Case Brief

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Procedural Posture

Judicial Review / Post Judgment; Costs Application Via Notice of Motion

Legal Issues

  1. 1 ['Whether a Calderbank offer was genuine and unreasonably refused' 'Whether indemnity costs should be awarded as a result of the refusal']

Ratio Decidendi

The offer was deemed genuine, but the first defendant failed to discharge the onus of persuading the Court that the plaintiff's refusal was unreasonable; indemnity costs were not warranted.

Court Disposition

First defendant's notice of motion dismissed. First defendant to pay plaintiff's costs of notice of motion.

Orders

  • ["The first defendant's notice of motion filed 12 August 2015 be dismissed." "The first defendant pay the plaintiff's costs of the notice of motion."]