Jetopay Pty Ltd v Ocean Marine Mutual Insurance Association (Europe) OV [2000] FCA 239

FEDERAL COURT OF AUSTRALIA

Jetopay Pty Ltd v Ocean Marine Mutual Insurance Association (Europe) OV [2000] FCA 239 COSTS – Indemnity costs – whether a letter constituted a Calderbank letter – time from which pre-judgment interest should run JETOPAY PTY LIMITED v OCEAN MARINE MUTUAL INSURANCE ASSOCIATION (EUROPE) OV & ORS NG 1156 OF 1997 TAMBERLIN J SYDNEY 9 MARCH 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1156 OF 1997

IN ADMIRALTY

BETWEEN: JETOPAY PTY LIMITED

APPLICANT

AND: OCEAN MARINE MUTUAL INSURANCE ASSOCIATION (EUROPE) OV

FIRST RESPONDENT

SEALAND INSURANCE BROKERS PTY LIMITED

SECOND RESPONDENT

HARBOUR PACIFIC UNDERWRITING MANAGEMENT PTY LIMITED

THIRD RESPONDENT

HARBOUR PACIFIC UNDERWRITING MANAGEMENT PTY LIMITED

FIRST CROSS CLAIMANT

OCEAN MARINE MUTUAL INSURANCE ASSOCIATION (EUROPE) OV

CROSS DEFENDANT TO FIRST CROSS CLAIM

SEALAND INSURANCE BROKERS PTY LIMITED

SECOND CROSS CLAIMANT

HARBOUR PACIFIC UNDERWRITING MANAGEMENT PTY LIMITED

CROSS DEFENDANT TO SECOND CROSS CLAIM

OCEAN MARINE MUTUAL INSURANCE ASSOCIATION (EUROPE) OV

THIRD CROSS CLAIMANT

HARBOUR PACIFIC UNDERWRITING MANAGEMENT PTY LIMITED

CROSS DEFENDANT TO THIRD CROSS CLAIM

JUDGE: TAMBERLIN J

DATE OF ORDER: 9 MARCH 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. There be judgment for the Applicant against the First Respondent in the sum of $350,051.38 plus interest at the rate of $73.25 per day from 18 February 2000 to date. 2. There be judgment for the Second and Third Respondents in respect of the Applicant's claims against them. 3. The First, Second and Third Cross Claims each be dismissed. 4. The Applicant pay the Second Respondent's costs assessed on a party/party basis in respect of the period up to 5 August 1999 and on an indemnity basis in respect of the period since 5 August 1999. 5. The Applicant to pay the Third Respondent's costs of the proceedings, other than of the Third Cross Claim. 6. The First Respondent pay the Third Respondent's costs of the Third Cross Claim. 7. The First Respondent pay the costs of the Applicant, such costs to include all costs the Applicant is ordered to pay to the Second and Third Respondents pursuant to these Orders. 8. The Applicant's costs of the proceedings be assessed on a party/party basis in respect of the period up to 8 May 1998 and on an indemnity basis in respect of the period since 8 May 1998. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.