Cowcher v Allianz Australia Insurance Limited (No.2) [2019] NSWSC 1052

Cowcher v Allianz Australia Insurance Limited (No.2) [2019] NSWSC 1052

The plaintiff was not entitled to an indemnity certificate because, even if the proceedings were treated as an appeal against a decision of a court, the appeal had not succeeded and the plaintiff, as the party who brought the proceedings, was not a respondent to the appeal for the purposes of s 6(1) of the Suitors' Fund Act 1951 (NSW). As costs were accepted to follow the event, the plaintiff was ordered to pay the first defendant's costs.

Jurisdiction
Australia
Judgment Date
19 August 2019
Procedural Posture
Judicial Review Proceedings; Costs Application and Application for Indemnity Certificate Under the Suitors' Fund Act 1951 (nsw) / After Dismissal of the Proceedings, on the Papers on Reserved Question of Costs
Outcome
Application for a certificate under the Suitors' Fund Act 1951 (NSW) refused; usual costs order made for the first defendant.
Legal Topics
['costs Following the Event' "suitors' Fund Act Indemnity Certificate" 'judicial Review of Medical Assessment Decision']
['practice and Procedure' 'costs'] ['costs Following the Event' "suitors' Fund Act Indemnity Certificate" 'judicial Review of Medical Assessment Decision']

Case Brief

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Procedural Posture

Judicial Review Proceedings; Costs Application and Application for Indemnity Certificate Under the Suitors' Fund Act 1951 (nsw) / After Dismissal of the Proceedings, on the Papers on Reserved Question of Costs

Legal Issues

  1. 1 ["Whether the plaintiff should pay the first defendant's costs after her judicial review proceedings were dismissed." "Whether the plaintiff could be granted an indemnity certificate under s 6(1) of the Suitors' Fund Act 1951 (NSW)." "Whether the plaintiff met the threshold requirements of being a respondent to a successful appeal for the purposes of s 6(1) of the Suitors' Fund Act 1951 (NSW)."]

Ratio Decidendi

The plaintiff was not entitled to an indemnity certificate because, even if the proceedings were treated as an appeal against a decision of a court, the appeal had not succeeded and the plaintiff, as the party who brought the proceedings, was not a respondent to the appeal for the purposes of s 6(1) of the Suitors' Fund Act 1951 (NSW). As costs were accepted to follow the event, the plaintiff was ordered to pay the first defendant's costs.

Court Disposition

Application for a certificate under the Suitors' Fund Act 1951 (NSW) refused; usual costs order made for the first defendant.

Orders

  • ["The plaintiff is to pay the first defendant's costs, as agreed or assessed."]