Hart v MetLife Insurance Limited (No 2) [2023] NSWCA 293

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hart v MetLife Insurance Limited (No 2) [2023] NSWCA 293 Hearing dates: On the papers Decision date: 08 December 2023 Before: Meagher JA; Leeming JA; Mitchelmore JA Decision: 1. The costs incurred by the appellant and by the respondent in proceeding 2022/77139 prior to 31 May 2022 be costs in the cause. 2. There be no orders as to the parties' costs of proceeding 2022/77139 from 31 May 2022 to 28 September 2023, or of the appeal (proceeding 2022/286577), with the intent that the parties bear their own costs. Catchwords: COSTS – partial success – part of proceedings remitted – agreement as to principled exercise of costs discretion – orders made accordingly Cases Cited: Hart v MetLife Insurance Limited [2023] NSWCA 230 Category: Costs Parties: Marie Hart (Appellant) MetLife Insurance Limited (Respondent) Representation: Counsel: GK Rich SC and AM Coombes (Appellant) SB Lloyd SC and J Harrison (Respondent)

Solicitors: Firths (Appellant) Moray & Agnew (Respondent) File Number(s): 2022/286577 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Citation: [2022] NSWSC 1157; [2022] NSWSC 1251 Date of Decision: 31 August 2022 Before: Black J File Number(s): 2022/77139