QBE Insurance (Australia) Limited v Meredith & Ors (No 2) [2017] NSWSC 1215

QBE Insurance (Australia) Limited v Meredith & Ors (No 2) [2017] NSWSC 1215

The Court, exercising its discretion as to costs, held that the serious denial of procedural fairness by the Review Panel (in disregarding relevant material without explanation), combined with SIRA's failure to assist the Court despite being well-placed to do so, constituted 'unusual' or 'exceptional' circumstances proper for a partial costs order against SIRA (as the relevant statutory body). The first defendant, who unsuccessfully defended the judicial review, is to pay the other half of the plaintiff's costs. The Court declined to issue a certificate under s 6(1) of the Suitors' Fund Act 1951 (NSW), as these were judicial review proceedings and the Review Panel is not a 'court' within...

Jurisdiction
Australia
Judgment Date
15 September 2017
Procedural Posture
Judicial Review Proceedings (costs Determination) / Post Trial (costs Ruling After Final Judgment)
Outcome
Costs orders made, certificate refused
Legal Topics
['costs Orders Against Statutory Bodies' 'submitting Appearances' 'procedural Fairness' 'judicial Review' "suitors' Fund Act Certificates"]
['costs' 'administrative Law' 'insurance Law'] ['costs Orders Against Statutory Bodies' 'submitting Appearances' 'procedural Fairness' 'judicial Review' "suitors' Fund Act Certificates"]

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Judicial Review Proceedings (costs Determination) / Post Trial (costs Ruling After Final Judgment)

Legal Issues

  1. 1 ['Whether costs should be ordered against a statutory body which filed a submitting appearance' "Whether a certificate should issue under s 6(1) of the Suitors' Fund Act 1951 (NSW) in relation to costs" 'Degree of involvement by an administrative body required to justify a costs order']

Ratio Decidendi

The Court, exercising its discretion as to costs, held that the serious denial of procedural fairness by the Review Panel (in disregarding relevant material without explanation), combined with SIRA's failure to assist the Court despite being well-placed to do so, constituted 'unusual' or 'exceptional' circumstances proper for a partial costs order against SIRA (as the relevant statutory body). The first defendant, who unsuccessfully defended the judicial review, is to pay the other half of the plaintiff's costs. The Court declined to issue a certificate under s 6(1) of the Suitors' Fund Act 1951 (NSW), as these were judicial review proceedings and the Review Panel is not a 'court' within...

Court Disposition

Costs orders made, certificate refused

Orders

  • ["The first defendant is to pay 50% of the plaintiff's costs." "The second defendant is to pay 50% of the plaintiff's costs." "The Court declines to issue a certificate to the first defendant under s 6(1) of the Suitors' Fund Act 1951 (NSW)."]