Rickhuss v MDA National Insurance Pty Ltd [2020] NSWSC 1477

Supreme Court New South Wales

Medium Neutral Citation: Rickhuss v MDA National Insurance Pty Ltd [2020] NSWSC 1477 Hearing dates: 12 June 2020 Date of orders: 23 October 2020 Decision date: 23 October 2020 Jurisdiction: Common Law Before: Garling J Decision: (1) Each party to pay their own costs of these proceedings. Catchwords: COSTS — General rule that costs follow the event — Proceedings discontinued or dismissed – each party bear their own costs - no point of principle Legislation Cited: Civil Liability (Third Party Claims against Insurers) Act 2017 Civil Procedure Act 2005 Cases Cited: Harrison & Anor v Schipp [2002] NSWCA 213; (2002) 54 NSWLR 738 Texts Cited: Uniform Civil Procedure Rules 2005 Category: Procedural and other rulings Parties: Amy Rickhuss (P1) Kylie Pollock (P2) Jessica Bruen (P3) Kirsty-Anne Rowlands (P4) Lily Knowland (P5) MDA National Insurance Pty Ltd (D) Representation: Counsel: D Graham SC / S Tzouganatos (Ps) P Mann (D)

Solicitors: Turner Freeman (Ps) Sparke Helmore (D) File Number(s): 2020/137899 Publication restriction: Not Applicable

Judgment

The Summons 1. On 8 May 2020, the plaintiffs commenced proceedings by Summons against MDA National Insurance Pty Ltd ("MDANI") seeking an order pursuant to r 5.3 of the Uniform Civil Procedure Rules 2005 ("the UCPR") for preliminary discovery. 2. The affidavit in support of the Summons set out a basis upon which the plaintiffs believed that a cause of action may be available against MDANI pursuant to the Civil Liability (Third Party Claims against Insurers) Act 2017 ("the Act").