QBE INSURANCE (INTERNATIONAL) LIMITED V GATES HC AK CIV-2011-404-3647

QBE INSURANCE (INTERNATIONAL) LIMITED V GATES HC AK CIV-2011-404-3647

The Court will not enter judgment or determine costs for the separate Supreme Court proceedings and other external costs on the basis of the consent judgment or the partial summary judgment because those matters were expressly put in issue by the defendants' notice of opposition and were not the subject of the consent memorandum; accordingly costs relating to the summary judgment already entered are reserved and the balance of the summary judgment application is adjourned to be determined on the merits.

Citation
openlaw-d4387753_4d1a_44d9_ad3f_429d0b0c2e20.pdf
Parties
First Plaintiff: QBE Insurance (International) Limited; Second Plaintiff: QBE Insurance (Australia) Limited; First Defendant: Wayne Stuart Gates; Second Defendant: Eleanor Margaret Gates
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 July 2012
Procedural Posture
Civil Summary Judgment / Costs Determination and Adjournment of Remaining Summary Judgment Application
Outcome
Costs in relation to the summary judgment already entered remain reserved; balance of the summary judgment application adjourned to the summary judgment list at 2:15pm on 14 August 2012.
Legal Topics
Summary Judgment, Incidental Costs, Jurisdiction, Costs Reserved, Adjournment, High Court Rules
Civil Procedure Costs Insurance Law Summary Judgment Incidental Costs Jurisdiction Costs Reserved Adjournment +1 more

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Parties

QBE Insurance (International) Limited

First Plaintiff

QBE Insurance (Australia) Limited

Second Plaintiff

Wayne Stuart Gates

First Defendant

Eleanor Margaret Gates

Second Defendant

Procedural Posture

Civil Summary Judgment / Costs Determination and Adjournment of Remaining Summary Judgment Application

Legal Issues

  1. 1 Whether costs from separate proceedings (Supreme Court of NSW and other proceedings) are recoverable and can be the subject of judgment in these High Court proceedings
  2. 2 Whether the Court may enter judgment for costs outside the ambit of Part 14 on the basis of a consent memorandum
  3. 3 Whether it is appropriate to determine part of a summary judgment costs claim when other parts of the summary judgment application remain on foot

Ratio Decidendi

The Court will not enter judgment or determine costs for the separate Supreme Court proceedings and other external costs on the basis of the consent judgment or the partial summary judgment because those matters were expressly put in issue by the defendants' notice of opposition and were not the subject of the consent memorandum; accordingly costs relating to the summary judgment already entered are reserved and the balance of the summary judgment application is adjourned to be determined on the merits.

Court Disposition

Costs in relation to the summary judgment already entered remain reserved; balance of the summary judgment application adjourned to the summary judgment list at 2:15pm on 14 August 2012.

Orders

  • Costs in relation to the summary judgment already entered remain reserved
  • The balance of the summary judgment application is adjourned to the summary judgment list at 2:15pm on 14 August 2012