Tleis v Insurance Australia Limited t/as NRMA Insurance [2017] FCA 280

FEDERAL COURT OF AUSTRALIA

Tleis v Insurance Australia Limited t/as NRMA Insurance [2017] FCA 280 File number: NSD 1291 of 2014

Judge: KATZMANN J

Date of judgment: 22 March 2017

Catchwords: COSTS — non-party costs order — application for costs against third party after settlement — where action settled on terms that judgment be entered in favour of respondent and applicants pay indemnity costs — where settlement effected before close of evidence and application based in part on material not in evidence — where application invited findings that third party had acted dishonestly and fraudulently — where no early warning of intention to make application given to third party

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 43

Cases cited: Applicant NAGM of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 125 FCR 488 Bischof v Adams [1992] 2 VR 198 Burns v State of Queensland [2007] QCA 240 Caboolture Park Shopping Centre Pty Ltd (In liquidation) v White Industries (Qld) Pty Ltd (1993) 45 FCR 224 Dymocks Franchise Systems (NSW) Pty Ltd v Todd [2004] UKPC 39, [2004] 1 WLR 2807 Farrell v Direct Accident Management Services Ltd [2009] EWCA Civ 769 Kebaro Pty Ltd v Saunders [2003] FCAFC 5 Knight v FP Special Assets Ltd (1992) 174 CLR 178 One.Tel Ltd v Deputy Commissioner of Taxation (2000) 101 FCR 548 Symphony Group Plc v Hodgson [1994] QB 179 Systemcare (UK) Limited v Services Design Technology Limited [2011] EWCA Civ 546 Taylor v Pace Developments Ltd [1991] BCC 406 Vestris v Cashman (1998) 72 SASR 449