The Owners – Strata Plan No 55682 v W. R. Berkley Insurance (Europe), PLC & Ors (No.2) [2021] NSWDC 14

District Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan No 55682 v W. R. Berkley Insurance (Europe), PLC & Ors (No.2) [2021] NSWDC 14 Hearing dates: On the Papers Date of orders: 10 February 2021 Decision date: 10 February 2021 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 47 Catchwords: COSTS – Judgment for the First Defendant – Indemnity Costs – Sandersons Order – whether costs payable by Insurer or unsuccessful defendant – cross-claim – whether contingency of cross-claim relevant to availability of adverse cost order – Calderbank Offer – whether award for partial indemnity costs available Legislation Cited: Limitation Act 1969 (NSW) ss 26, 55 Cases Cited: Gould v Vaggelas (1985) 157 CLR 215 Robb Evans of Robb Evans & Associates v European Bank Ltd (No 2) [2009] NSWCA 170 Loulach Developments Pty Ltd v Roads and Maritime Services (No.2) [2019] NSWSC 601 Texts Cited: Nil Category: Costs Parties: The Owners – Strata Plan No 55682 (Plaintiff) W. R. Berkley Insurance (Europe), PLC (First Defendant/First Cross-Claimant) Berkley Insurance Company (Second Cross-Claimant) HHIA Pty Ltd (Second Defendant) Mr D Hynes (Third Defendant) Ms L Honeychurch (Fourth Defendant) Westcourt General Insurance Broker Pty Ltd trading as Westcourt General Insurance Broker Pty Ltd ACN 009401772 as trustee for the WGIB Trust (Fifth Defendant) QUS PTY LTD (Cross-Defendant) Representation: Counsel: Mr C Simpson for the plaintiff Mr M Friedgut for the first defendant/first cross-claimant and the second cross-claimant Mr J Sleight for the second to the fifth defendants Mr M Newton for the cross-defendant