Foley v Australian Associated Motor Insurers Ltd and Another

The case of Foley v Australian Associated Motor Insurers Ltd and Another was heard in the Supreme Court of New South Wales. The dispute arose from a motor vehicle accident where the plaintiff sought damages from the defendant insurers. The plaintiff, Foley, later died before the matter could be resolved. The insurers applied for costs against Foley's estate, arguing they were entitled to recover costs as the litigation was unsuccessful.

The legal issue before the court was whether the estate of a deceased party could be held liable for costs when the case had not reached a decision on the merits. The court considered whether there was an appointed liquidator or representative pursuant to Uniform Civil Procedure Rules 7.10 to address the issue of costs against the deceased's estate.

The court held that it was inappropriate to make any costs orders against the deceased's estate as there was no liquidator or representative appointed under the relevant rules. The absence of such an appointment meant that the court could not properly determine how any costs should be allocated. Consequently, the insurers' application for costs against the deceased's estate was refused.