STEVEDORING INDUSTRY FINANCE COMMITTEE v GIBSON & ORS [2000] NSWCA 372

STEVEDORING INDUSTRY FINANCE COMMITTEE v GIBSON & ORS [2000] NSWCA 372

Mr Gibson should be awarded indemnity costs of the appeal due to the manner in which the appellant prosecuted the appeal, but not the corporate respondents, whose costs remain as per the principal judgment. Applications for further costs orders by other respondents are dismissed. Costs related to the dispute between CGU Insurance Ltd and SEAL remain with no order, as determined in the principal judgment.

Jurisdiction
Australia
Judgment Date
20 December 2000
Procedural Posture
Appeal / Post Judgment Costs Determination
Outcome
Mr Gibson awarded indemnity costs for the appeal; all other applications for indemnity costs dismissed; costs orders regarding CGU and SEAL remain unchanged; other respondents to pay SIFC's costs of the recent applications.
Legal Topics
['costs' 'indemnity Costs' 'appeals' 'settlement Offers']
['civil Procedure'] ['costs' 'indemnity Costs' 'appeals' 'settlement Offers']

Case Brief

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Procedural Posture

Appeal / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded against the appellant (SIFC) for the appeal; Impact of unaccepted settlement offers on appeal costs; Appropriateness of costs orders between respondents']

Ratio Decidendi

Mr Gibson should be awarded indemnity costs of the appeal due to the manner in which the appellant prosecuted the appeal, but not the corporate respondents, whose costs remain as per the principal judgment. Applications for further costs orders by other respondents are dismissed. Costs related to the dispute between CGU Insurance Ltd and SEAL remain with no order, as determined in the principal judgment.

Court Disposition

Mr Gibson awarded indemnity costs for the appeal; all other applications for indemnity costs dismissed; costs orders regarding CGU and SEAL remain unchanged; other respondents to pay SIFC's costs of the recent applications.

Orders

  • ["Mr Gibson's costs to be treated as part of his costs of the appeal already payable by SIFC on an indemnity basis." 'Applications for indemnity costs by other respondents dismissed.' "Other respondents to pay SIFC's costs of recent applications."]