Ross Gazis v Gual Pty Limited – Formerly known as Sermacs Australia Pty Ltd (under external administration and/or controller appointed) (No 2) [2015] NSWSC 534

Ross Gazis v Gual Pty Limited – Formerly known as Sermacs Australia Pty Ltd (under external administration and/or controller appointed) (No 2) [2015] NSWSC 534

Although the cross-claims were reasonably necessary to ensure proper apportionment after the plaintiff's late settlement with the first defendant and cross-defendant, the cross-defendant was successful in defending the third and fourth cross-claims. Taking a general impression of the proceedings, including the late discontinuance, the necessity of the cross-claims, the interrelationship of the third, fourth and fifth cross-claims, and the insurance issue unsuccessfully raised by the cross-defendant, the appropriate order was that the Club and the Workers Compensation Nominal Insurer pay half of the cross-defendant's costs of the third and fourth cross-claims on the ordinary basis, with no...

Jurisdiction
Australia
Judgment Date
13 May 2015
Procedural Posture
Costs / Determination of Costs of the Third, Fourth and Fifth Cross Claims After Judgment and Costs Submissions
Outcome
South Sydney Junior Rugby League Club Ltd and the Workers Compensation Nominal Insurer were ordered to pay half of the cross-defendant's costs of the Second Amended Third Cross-Claim and the Amended Fourth Cross-Claim on the ordinary basis, in the same proportion as they are liable for the damages awarded to the...
Legal Topics
['costs of Cross Claims' 'ordinary Basis Costs' 'costs Follow the Event' 'apportionment of Liability' 'insurance Indemnity Issue' 'contribution and Indemnity']
['costs' 'civil Procedure' 'insurance'] ['costs of Cross Claims' 'ordinary Basis Costs' 'costs Follow the Event' 'apportionment of Liability' 'insurance Indemnity Issue' 'contribution and Indemnity']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Costs / Determination of Costs of the Third, Fourth and Fifth Cross Claims After Judgment and Costs Submissions

Legal Issues

  1. 1 ['Whether the cross-defendant should receive costs of the Second Amended Third Cross-Claim and the Amended Fourth Cross-Claim on the ordinary basis.' 'Whether there should be any order as to costs on the Amended Fifth Cross Claim.' 'How the Court should account for the necessity of the cross-claims, the late settlement with the first defendant and cross-defendant, and the insurance cover issue determined against the cross-defendant.']

Ratio Decidendi

Although the cross-claims were reasonably necessary to ensure proper apportionment after the plaintiff's late settlement with the first defendant and cross-defendant, the cross-defendant was successful in defending the third and fourth cross-claims. Taking a general impression of the proceedings, including the late discontinuance, the necessity of the cross-claims, the interrelationship of the third, fourth and fifth cross-claims, and the insurance issue unsuccessfully raised by the cross-defendant, the appropriate order was that the Club and the Workers Compensation Nominal Insurer pay half of the cross-defendant's costs of the third and fourth cross-claims on the ordinary basis, with no...

Court Disposition

South Sydney Junior Rugby League Club Ltd and the Workers Compensation Nominal Insurer were ordered to pay half of the cross-defendant's costs of the Second Amended Third Cross-Claim and the Amended Fourth Cross-Claim on the ordinary basis, in the same proportion as they are liable for the damages awarded to the...

Orders

  • ['South Sydney Junior Rugby League Club Ltd and the Workers Compensation Nominal Insurer pay half of the costs of the cross-defendant to the Second Amended Third Cross-Claim and the Amended Fourth Cross-Claim on the ordinary basis;' 'South Sydney Junior Rugby League Club Ltd and the Workers Compensation Nominal...