Hart v MetLife Insurance Limited (No 2) [2023] NSWCA 293

Hart v MetLife Insurance Limited (No 2) [2023] NSWCA 293

Given the parties' agreement and circumstances of partial success and remittal, it is appropriate for the costs to be divided as proposed: costs incurred prior to 31 May 2022 are costs in the cause, with no order as to costs for subsequent periods, so each party bears its own costs.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 December 2023
Procedural Posture
Appeal / Costs Determination Following Appeal
Outcome
Costs orders made as agreed; costs prior to 31 May 2022 to be costs in the cause; no order as to other costs; parties bear own costs from 31 May 2022 onward and for appeal.
Legal Topics
['costs' 'exercise of Discretion in Costs' 'partial Success' 'remittal of Proceedings']
['civil Procedure'] ['costs' 'exercise of Discretion in Costs' 'partial Success' 'remittal of Proceedings']

Source-derived case record

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Procedural Posture

Appeal / Costs Determination Following Appeal

Legal Issues

  1. 1 ['Appropriate allocation of costs following partial success on appeal and remittal of proceedings']

Ratio Decidendi

Given the parties' agreement and circumstances of partial success and remittal, it is appropriate for the costs to be divided as proposed: costs incurred prior to 31 May 2022 are costs in the cause, with no order as to costs for subsequent periods, so each party bears its own costs.

Court Disposition

Costs orders made as agreed; costs prior to 31 May 2022 to be costs in the cause; no order as to other costs; parties bear own costs from 31 May 2022 onward and for appeal.

Orders

  • ['The costs incurred by the appellant and by the respondent in proceeding 2022/77139 prior to 31 May 2022 be costs in the cause.' "There be no orders as to the parties' costs of proceeding 2022/77139 from 31 May 2022 to 28 September 2023, or of the appeal (proceeding 2022/286577), with the intent that the parties...