Panos v FSS Trustee Corporation (No 2) [2015] NSWSC 1928

Panos v FSS Trustee Corporation (No 2) [2015] NSWSC 1928

The court found substantial separable issues arising from the Insurer's conduct, particularly procedural unfairness and delay. The Insurer succeeded overall, but its breach of duty and conduct required it to pay costs thrown away for the vacated hearing, and justify apportioning costs post-11 March 2014, with Mr Panos to pay only 30% of Insurer's costs thereafter.

Jurisdiction
Australia
Judgment Date
16 December 2015
Procedural Posture
Civil / Post Judgment Costs Determination
Outcome
Claim dismissed; costs orders made as specified
Legal Topics
['procedure Costs' 'costs Orders' 'constructive Denial' 'total Permanent Disability Insurance Claims' 'duty of Utmost Good Faith']
['equity'] ['procedure Costs' 'costs Orders' 'constructive Denial' 'total Permanent Disability Insurance Claims' 'duty of Utmost Good Faith']

Case Brief

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Procedural Posture

Civil / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Appropriate costs orders between plaintiff and second defendant after dismissal of claim' 'Whether second defendant should pay costs thrown away due to vacation of hearing' 'Whether plaintiff should pay a proportion of costs after 11 March 2014' 'Whether separable issues justify deviation from general rule that costs follow the event']

Ratio Decidendi

The court found substantial separable issues arising from the Insurer's conduct, particularly procedural unfairness and delay. The Insurer succeeded overall, but its breach of duty and conduct required it to pay costs thrown away for the vacated hearing, and justify apportioning costs post-11 March 2014, with Mr Panos to pay only 30% of Insurer's costs thereafter.

Court Disposition

Claim dismissed; costs orders made as specified

Orders

  • ["Second defendant to pay plaintiff's costs thrown away by the vacation of the hearing on 11 March 2014, including preparation and hearing, payable on the ordinary basis." 'No order for costs up to 11 March 2014, plaintiff and second defendant to pay their own costs for this period.' "Plaintiff to pay 30% of second...