Running Pigmy Productions Pty Ltd v. AMP General Insurance Co Ltd and Ors [2001] NSWSC 553

Running Pigmy Productions Pty Ltd v. AMP General Insurance Co Ltd and Ors [2001] NSWSC 553

The discretion under Pt 52A r33(5) should be exercised based on the reasonable grounds the plaintiff had for expecting to recover in excess of $450,000; therefore, the whole of the plaintiff's costs should be awarded against the defendants.

Parties
Plaintiff: Running Pigmy Productions Pty Ltd; First Defendant: AMP General Insurance Co Ltd; Second Defendant: Royal Sun Alliance Australia Ltd; Third Defendant: HIH Casualty & General Insurance Ltd
Jurisdiction
Australia
Judgment Date
29 June 2001
Procedural Posture
Civil / Post Judgment (costs Determination)
Outcome
Defendants to pay the whole of the plaintiff's costs of the proceedings.
Legal Topics
Costs, Construction of Rules, Discretion, Insurance, Apportionment
Civil Procedure Costs Construction of Rules Discretion Insurance Apportionment

Case Brief

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Parties

Running Pigmy Productions Pty Ltd

Plaintiff

AMP General Insurance Co Ltd

First Defendant

Royal Sun Alliance Australia Ltd

Second Defendant

HIH Casualty & General Insurance Ltd

Third Defendant

Procedural Posture

Civil / Post Judgment (costs Determination)

Legal Issues

  1. 1 Whether Pt 52A r33(2) and (4) apply to recovery against each defendant or the total recovery in proceedings
  2. 2 Whether discretion under Pt 52A r33(3) and (5) should be exercised to award costs

Ratio Decidendi

The discretion under Pt 52A r33(5) should be exercised based on the reasonable grounds the plaintiff had for expecting to recover in excess of $450,000; therefore, the whole of the plaintiff's costs should be awarded against the defendants.

Court Disposition

Defendants to pay the whole of the plaintiff's costs of the proceedings.

Orders

  • Defendants to pay the whole of the plaintiff's costs.
  • Costs to include the costs of retaining senior counsel.