District Court
New South Wales
Case Title: Coote v S & P Jackson Pty Ltd (No. 2) Medium Neutral Citation: [2014] NSWDC 214 Hearing Date(s): 5 December 2013; 26 February 2014 Decision Date: 25 March 2014 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) As to question (1) in both proceedings 2011/271642 and 2012/275779 each of the plaintiff and the public liability insurer is to pay the costs of the CTP insurer (QBE Insurance (Australia) Limited).
(2) As to question (2) and (3) in both proceedings 2011/271642 and 2012/275779 the plaintiff is to pay the costs of each of the CTP insurer (QBE Insurance (Australia) Limited) and the public liability insurer.
(3) Plaintiff's application for costs dismissed.Catchwords: COSTS - plaintiff injured in a crane fall brings proceedings against public liability and CTP insured defendants - defendants cross claim against each other - UCPR Pt 28 r 2 order for determination of whether the plaintiff's accident a motor accident within the provisions of s 3 Motor Accidents Act 1999 - plaintiff fails against both insurers but public liability insurer succeeds against CTP insurer - application by public liability insurer for CTP insurer (as well as the plaintiff) to pay its costs - application of the "costs follow the event" rule in circumstances where the plaintiff has failed against both defendants - identification of the costs "event" in relation to the claim and cross-claim issues as identified in the UCPR r 28(2) separate questions for determination - whether the CTP insurer had been brought into the litigation by the conduct of the public liability insurer - whether the plaintiff was entitled to costs of his own action against the CTP insurer by reason of the conduct of the public liability insurer (Ritter v Godfrey [1920] 2 KB 47) Legislation Cited: Civil Liability Act 2002 (NSW)
Civil Procedure Act 2005 (NSW), s 98
Legal Profession Act 2004 (NSW), s 347
Motor Accidents Compensation Act 1999 (NSW), ss 3 and 109(1)
Uniform Civil Procedure Rules 2005 (NSW), rr 28.2 and 42.1Cases Cited: Australian Receivables Ltd v Tekitu Pty Ltd [2011] NSWSC 1425
Coote v S & P Jackson Pty Ltd t/as North Coast Cranes (District Court of NSW, Letherbarrow SC DCJ, 8 February 2013)
Corbett Court Pty Ltd v Quasar Constructions (NSW) Pty Ltd [2008] NSWSC 1423
Cretazzo v Lombardi (1975) 13 SASR 4
Furber v Stacey [2005] NSWCA 242
Hoffmann v Boland [2013] NSWCA 158
Leading Edge Events Australia Pty Ltd v Kiri Te Kanawa (No 2) [2007] NSWSC 568
McGlinn v Waltham Contractors Ltd [2007] APP. L. R. 03/28
Oshlack v Richmond River Council (1998) 193 CLR 72
Owners Strata Plan No 64970 v Austruc Constructions Ltd (No 5) [2010] NSWSC 568
Probiotec Ltd v University of Melbourne (2008) 166 FCR 30
Ritter v Godfrey [1920] 2 KB 47
Sanderson v Blyth Theatre Company [1903] 2 KB 533Texts Cited: Dal Pont, Law of Costs (3rd Ed., LexisNexis Australia) Category: Costs Parties: Plaintiff: Matthew Coote
Defendant in 2011/271642: S…
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- Case
- [2014] NSWDC 214
- Decision Date
CaseChat Overview and Summary
The court examined whether the CTP insurer had been brought into the litigation by the public liability insurer and whether the plaintiff was entitled to costs of his own action against the CTP insurer due to the conduct of the public liability insurer. The court considered the principles established in Ritter v Godfrey [1920] 2 KB 47. It held that the CTP insurer's involvement in the litigation was due to the public liability insurer's actions, thereby justifying the CTP insurer's costs being borne by the plaintiff and the public liability insurer. However, the plaintiff was not entitled to costs of his own action against the CTP insurer because the CTP insurer was not brought into the litigation by the plaintiff's actions.
The court ordered that the plaintiff and the public liability insurer were to bear the costs of the CTP insurer. Additionally, the plaintiff had to pay the costs of both the CTP insurer and the public liability insurer. The plaintiff's application for costs was dismissed. This decision highlighted the application of the "costs follow the event" principle in complex litigation scenarios where multiple insurers are involved and the plaintiff's claims have failed.
Orders
Orders of the court
(1) As to question (1) in both proceedings 2011/271642 and 2012/275779 each of the plaintiff and the public liability insurer is to pay the costs of the CTP insurer (QBE Insurance (Australia) Limited).
(2) As to question (2) and (3) in both proceedings 2011/271642 and 2012/275779 the plaintiff is to pay the costs of each of the CTP insurer (QBE Insurance (Australia) Limited) and the public liability insurer.
(3) Plaintiff's application for costs dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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