Insurance Australia Limited t/as NRMA v Richards (No 2) [2023] NSWSC 1056

Insurance Australia Limited t/as NRMA v Richards (No 2) [2023] NSWSC 1056

Justice requires a departure from the usual costs order because the insurer raised a separable construction issue for the first time at trial and failed; apportionment of costs (50%) is appropriate. Ms Richards retains the benefit of the Commission’s consent costs order as entitlement is not outcome-dependent under...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 September 2023
Procedural Posture
Judicial Review / Post Judgment: Determination of Costs and Related Orders
Outcome
Costs apportioned; consent costs order retained; indemnity certificate granted
Legal Topics
['costs' 'statutory Interpretation' 'motor Accident Claims' 'indemnity Certificate']
['civil Procedure' 'personal Injury'] ['costs' 'statutory Interpretation' 'motor Accident Claims' 'indemnity Certificate']

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Procedural Posture

Judicial Review / Post Judgment: Determination of Costs and Related Orders

Legal Issues

  1. 1 ['Whether to depart from the usual costs order under Uniform Civil Procedure Rules 2005 (NSW) r 42.1' 'Retention of benefit of consent costs order made by the Personal Injury Commission' "Availability of indemnity certificate under s 6 of the Suitors' Fund Act 1951 (NSW)"]

Ratio Decidendi

Justice requires a departure from the usual costs order because the insurer raised a separable construction issue for the first time at trial and failed; apportionment of costs (50%) is appropriate. Ms Richards retains the benefit of the Commission’s consent costs order as entitlement is not outcome-dependent under the statute. Proceedings are ‘in the nature of an appeal’ and Commission is deemed a court, so Ms Richards is granted an indemnity certificate under s 6 Suitors’ Fund Act.

Court Disposition

Costs apportioned; consent costs order retained; indemnity certificate granted

Orders

  • ["Ms Richards bear 50% of the insurer's costs, as agreed or assessed." 'The consent costs order made by the Personal Injury Commission in favour of Ms Richards not be disturbed.' "Ms Richards is granted an indemnity certificate under s 6 of the Suitors' Fund Act 1951 (NSW)."]