Wagga Truck Towing Pty Ltd v O'Toole;IAG Limited t/as NRMA Insurance v O'Toole (No 2)

The dispute before the Court of Appeal of New South Wales involved appeals by Wagga Truck Towing Pty Ltd and IAG Limited t/as NRMA Insurance (collectively, the appellants) against Mr O'Toole. The core of the matter concerned the costs awarded in previous proceedings.

The primary legal issue before the Court was the appropriate basis and apportionment of costs for the appeals and a related notice of motion. Specifically, the court had to determine whether costs should be awarded on a party/party or indemnity basis, and how those costs should be shared between the two appellants.

The court varied an earlier order regarding costs. It ordered that Wagga Truck Towing and NRMA pay Mr O'Toole's costs of both appeals on a party/party basis up to 31 August 2010, and on an indemnity basis from 1 September 2010. These costs were to be apportioned equally between Wagga Truck Towing and NRMA. Furthermore, the appellants were ordered to pay Mr O'Toole's costs for his notice of motion filed on 29 July 2011 on a party/party basis. NRMA's own notice of motion filed on the same date was dismissed, with costs awarded to Mr O'Toole.