Diamond World Jewellers Pty Ltd v Catlin Australia Pty Ltd (No 2) [2021] NSWSC 1540

Supreme Court New South Wales

Medium Neutral Citation: Diamond World Jewellers Pty Ltd v Catlin Australia Pty Ltd (No 2) [2021] NSWSC 1540 Hearing dates: On the papers Date of orders: 30 November 2021 Decision date: 30 November 2021 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) Judgment for the plaintiff against the defendant in the sum of $1,431,759. (2) The defendant to pay the plaintiff's costs of and incidental to the proceedings, as agreed or assessed up to an including 18 August 2021 and thereafter, on an indemnity basis. Catchwords: JUDGMENTS AND ORDERS — In favour of plaintiff INSURANCE – Insurance Claim – Reliability of records – Where the insured established part of its claim – Where the insurer refused to make any payment under the policy – Where interest must be calculated COSTS – Indemnity costs order – Calderbank Offer – Offer of compromise under Rules – Where reasonable grounds exist to refuse the Calderbank offer – Consequences of refusal of offer of compromise Legislation Cited: Insurance Contracts Act 1984 (Cth), s 57 Insurance Contracts Regulations 2017 (Cth), cl 38 Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.14 Cases Cited: Calderbank v Calderbank [1975] 3 WLR 586 Diamond World Jewellers Pty Ltd v Catlin Australia Pty Ltd [2021] NSWSC 1431 Walker v Harwood [2017] NSWCA 228 Category: Costs Parties: Diamond World Jewellers (Plaintiff) Catlin Australia Pty Ltd – Quantum Underwriting Agencies Pty Ltd (First Defendant) Quantum Insurance Holdings Pty Ltd (Second Defendant) Representation: Counsel: Mr S Gray (Plaintiff) Mr G Watson SC (First & Second Defendants) Ms D Tang (First & Second Defendants)