Vero Insurance Ltd v Australian Prestressing Services Pty Ltd (No 2) [2014] NSWCA 8

Vero Insurance Ltd v Australian Prestressing Services Pty Ltd (No 2) [2014] NSWCA 8

Because the respondents had overall success on the two main issues in the appeal, while the appellant succeeded on two aspects of the indemnity issue and incurred some unnecessary expense in dealing with the late notice of contention, the appropriate overall costs order was that the appellant pay 75 per cent of the respondents' costs of the appeal, excluding the costs of further submissions on costs.

Jurisdiction
Australia
Judgment Date
07 February 2014
Procedural Posture
Costs / On the Papers Determination of Costs of the Appeal After Judgment on the Appeal
Outcome
The appellant was ordered to pay 75 per cent of the respondents' costs of the appeal, excluding the costs of further submissions on the question of costs.
Legal Topics
['costs of the Appeal' 'costs Order Reflecting Respective Success on Appeal' 'notice of Contention' 'indemnity Under Insurance Policy' 'dewatering Exclusion' 'temporary Protection Extension']
['civil Procedure' 'costs' 'insurance'] ['costs of the Appeal' 'costs Order Reflecting Respective Success on Appeal' 'notice of Contention' 'indemnity Under Insurance Policy' 'dewatering Exclusion' 'temporary Protection Extension']

Case Brief

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Procedural Posture

Costs / On the Papers Determination of Costs of the Appeal After Judgment on the Appeal

Legal Issues

  1. 1 ['Whether the costs order for the appeal should overall reflect the respective successes of the parties.' 'Whether the respondents should recover their costs of the appeal despite the appellant having reduced the amount of the judgment below.' "Whether any allowance should be made for the appellant's success on aspects of the indemnity issue and for expense caused by the respondents' late notice of contention."]

Ratio Decidendi

Because the respondents had overall success on the two main issues in the appeal, while the appellant succeeded on two aspects of the indemnity issue and incurred some unnecessary expense in dealing with the late notice of contention, the appropriate overall costs order was that the appellant pay 75 per cent of the respondents' costs of the appeal, excluding the costs of further submissions on costs.

Court Disposition

The appellant was ordered to pay 75 per cent of the respondents' costs of the appeal, excluding the costs of further submissions on the question of costs.

Orders

  • ["The appellant pay 75 per cent of the respondents' costs of the appeal." 'Those costs do not include the costs of the further submissions on the question of costs.' 'No order is made in relation to the costs of the further submissions on the question of costs.']