Federal Court of Australia
Federal Court of Australia
Technology Swiss Pty Ltd v AAI Limited trading as Vero Insurance (No 2) [2021] FCA 393 File number: NSD 557 of 2020
Judgment of: ALLSOP CJ
Date of judgment: 21 April 2021
Catchwords: COSTS – where applicant partially successful in proceedings – where applicant provided Calderbank Offers – whether indemnity costs should be awarded REMEDIES – declarations – where defendant insurer has rights of recoupment and subrogation in respect of moneys paid by it to the applicant by way of indemnity under insurance policy – where funds held by applicant's agent are subject to an equitable lien by way of charge in favour of respondent – whether appropriate to grant declaratory relief
Cases cited: Insurance Commission of Western Australia v Kightly [2005] WASCA 154; 30 WAR 380 Napier and Ettrick v Hunter [1993] AC 713 Technology Swiss Pty Ltd v AAI Limited trading as Vero Insurance [2021] FCA 95 Dal Pont, Law of Costs (4th ed, LexisNexis, 2018)
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: 18
Date of last submissions: 12 March 2021
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr H Stowe
Solicitor for the Applicant: Litton Legal
Counsel for the Respondent: Mr E G H Cox SC with Mr M D Swanson
Solicitor for the Respondent: Mills Oakley
ORDERS NSD 557 of 2020
BETWEEN: TECHNOLOGY SWISS PTY LTD (ACN 155 470 143) Applicant
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