Federal Court of Australia
Federal Court of Australia
MOS Beverages Pty Ltd v Insurance Australia Ltd trading as CGU Insurance (No 2) [2020] FCA 1820 File number: NSD 2022 of 2019
Judgment of: ALLSOP CJ
Date of judgment: 18 December 2020
Catchwords: COSTS – where applicant was successful in hearing on separate question of indemnity under an Industrial Special Risks Policy – where matter was originally listed for hearing on a different separate question – where applicant applied to vacate first hearing and rely upon an additional clause under the Policy – where applicant established indemnity under Industrial Special Risks Policy based on new clause – whether the applicant is entitled to all of its costs for the hearing of the separate question – whether a deduction should be made to account for the applicant applying to vacate the first hearing
Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Court Rules 2011 (Cth) r 35.01
Cases cited: Clarence City Council v Commonwealth of Australia [2020] FCAFC 134; 382 ALR 273 Goodfellow v Fairfax Media Publications Pty Limited [2017] FCA 1152 Ho v Grigor [2006] FCAFC 72; 151 FCR 236 MOS Beverages Pty Ltd v Insurance Australia Ltd trading as CGU Insurance [2020] FCA 1716 Warramunda Village Inc v Pryde [2002] FCA 250; 116 FCR 58
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance – Insurance List
Number of paragraphs: 16
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