Wood v Insurance Australia Group Limited trading as NRMA Insurance (No 2) [2022] NSWSC 1729

Supreme Court New South Wales

Medium Neutral Citation: Wood v Insurance Australia Group Limited trading as NRMA Insurance (No 2) [2022] NSWSC 1729 Hearing dates: On the papers. Submissions closed 7 November 2022. Date of orders: 16 December 2022 Decision date: 16 December 2022 Jurisdiction: Common Law Before: Wright J Decision: (1) The requirement to serve the notice of motion filed on 12 October 2022 on the second defendant is dispensed with. (2) Otherwise, the notice of motion filed on 12 October 2022 is dismissed. (3) The plaintiff is to pay the first defendant's costs of the notice of motion. Catchwords: COSTS – Application by plaintiff to vary costs order – Whether indemnity costs justified – Whether any relevant delinquency by the first defendant – No delinquency by the first defendant – Indemnity costs not justified in the circumstances – No variation to costs order made Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), rr 6.11, 42.1 Cases Cited: Colgate Palmolive Co v Cussons Pty Ltd [1993] 46 FCR 225 Hamod v New South Wales [2002] FCAFC 97; (2002) 188 ALR 659 James v Douglas [2016] NSWCA 178 Kisimul Holdings Pty Ltd v Clear Position Pty Ltd (No 2) (2014) 86 NSWLR 645; [2014] NSWCA 317 Lou v IAG Limited t/as NRMA Insurance (2019) 101 NSWLR 606; [2019] NSWCA 319 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Wood v Insurance Australia Group Limited trading as NRMA Insurance [2022] NSWSC 1290; 102 MVR 92 Category: Principal judgment Parties: Joshua Wood (Plaintiff) Insurance Australia Limited t/as NRMA Insurance (First Defendant) The President of the Personal Injury Commission (Second Defendant) Representation: Counsel: C Hart (Plaintiff) O Dinka (First Defendant) Submitting appearance (Second Defendant)