Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 2)

Mobis Parts Australia Pty Ltd (the appellant) and XL Insurance Company SE (the respondent) were parties to proceedings concerning an insurance policy. The dispute involved a claim for losses suffered by the appellant as a result of a storm. The matter came before the Court of Appeal of New South Wales, constituted by Beazley P, Meagher and Leeming JJA.

The Court of Appeal was required to determine the extent to which the appeal should be allowed, the outcome of a cross-appeal, the quantum of the respondent's indemnity under the insurance policy, the amount of interest payable, and the appropriate orders for costs in both the first instance proceedings and the appeal.

The Court allowed the appeal in part, dismissing the cross-appeal. It ordered the respondent to indemnify the appellant for a specific sum in respect of losses suffered from the storm, along with interest calculated in accordance with statutory provisions. Crucially, the Court re-exercised its discretion regarding the costs of the first instance proceedings, ordering the respondent to pay 90% of the appellant's costs. The respondent was also ordered to pay 80% of the appellant's costs of the appeal and cross-appeal.