Westpac Life Insurance Services Limited v Mahony (No 2) [2017] FCA 277

Westpac Life Insurance Services Limited v Mahony (No 2) [2017] FCA 277

Given neither respondent was responsible for the application and their participation was necessary, costs should be awarded out of funds paid into Court, with amounts set at $2750 and $2000 respectively.

Parties
Applicant: Westpac Life Insurance Services Limited; First Respondent: Louis James Mahony; Second Respondent: Patricia Marlene Coldwell as the executor of the estate of the late Lainie Coldwell; Third Respondent: Dakota Mardell Mahony (by her litigation representative Athol Butler)
Jurisdiction
Australia
Judgment Date
21 March 2017
Procedural Posture
Application for Declarations and Costs Orders / Costs Determination Following Substantive Orders
Outcome
Costs awarded; payment from funds in Court
Legal Topics
Costs, Life Insurance, Payment Into Court
Commercial and Corporations Insurance Costs Life Insurance Payment Into Court

Case Brief

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Parties

Westpac Life Insurance Services Limited

Applicant

Louis James Mahony

First Respondent

Patricia Marlene Coldwell as the executor of the estate of the late Lainie Coldwell

Second Respondent

Dakota Mardell Mahony (by her litigation representative Athol Butler)

Third Respondent

Procedural Posture

Application for Declarations and Costs Orders / Costs Determination Following Substantive Orders

Legal Issues

  1. 1 Whether the second and third respondents should be awarded costs from money paid into Court before entitlement to the policy is established
  2. 2 Power of the Court to award costs in proceedings under s 215 of the Life Insurance Act 1995 (Cth)

Ratio Decidendi

Given neither respondent was responsible for the application and their participation was necessary, costs should be awarded out of funds paid into Court, with amounts set at $2750 and $2000 respectively.

Court Disposition

Costs awarded; payment from funds in Court

Orders

  • The sum of $2750 be paid to the second respondent out of the sum paid into the Court by the applicant upon the filing of these proceedings.
  • The sum of $2000 be paid to the third respondent out of the sum paid into the Court by the applicant upon the filing of these proceedings.