Quinlan v Safe International FÖRSÄKRINGS AB [2006] FCA 1718

Quinlan v Safe International FÖRSÄKRINGS AB [2006] FCA 1718

The applicant acted reasonably in bringing and discontinuing her claim against CCUSA, and the claim was at least arguable. In the absence of unreasonableness or inevitability of failure, there should be no order as to costs in the proceeding between the applicant and CCUSA, except on the discrete motions where costs follow the successful party.

Parties
Applicant: Nicole Ann Quinlan; First Respondent: Safe International FÖRSÄKRINGS AB; Second Respondent: Camp Counselors USA Pty Limited
Jurisdiction
Australia
Judgment Date
08 December 2006
Procedural Posture
Civil / Interlocutory Determination of Costs and Discontinuance Motions
Outcome
Applicant granted leave to discontinue proceedings against second respondent with no order as to costs except for specified motions; second respondent's motion dismissed; costs orders made on motions as specified.
Legal Topics
Costs, Discontinuance, Misleading or Deceptive Conduct, Interpretation of Settlement Releases, Collateral Contract
Civil Procedure Consumer Law Insurance Law Costs Discontinuance Misleading or Deceptive Conduct Interpretation of Settlement Releases Collateral Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 23 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Nicole Ann Quinlan

Applicant

Safe International FÖRSÄKRINGS AB

First Respondent

Camp Counselors USA Pty Limited

Second Respondent

Procedural Posture

Civil / Interlocutory Determination of Costs and Discontinuance Motions

Legal Issues

  1. 1 Whether the applicant's claim against CCUSA was brought unreasonably and whether costs should be ordered against the applicant upon discontinuance
  2. 2 Whether the claim against CCUSA had no likelihood of success
  3. 3 Whether the deed of settlement with SAFE operated to release CCUSA from liability

Ratio Decidendi

The applicant acted reasonably in bringing and discontinuing her claim against CCUSA, and the claim was at least arguable. In the absence of unreasonableness or inevitability of failure, there should be no order as to costs in the proceeding between the applicant and CCUSA, except on the discrete motions where costs follow the successful party.

Court Disposition

Applicant granted leave to discontinue proceedings against second respondent with no order as to costs except for specified motions; second respondent's motion dismissed; costs orders made on motions as specified.

Orders

  • The motion of the second respondent filed on 27 September 2006 is dismissed.
  • The second respondent is to pay the applicant's costs on the motion referred to in order 1.