Zurich Australian Insurance Limited v CIMIC Group Limited & Ors (No 2) [2024] NSWCA 276

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Zurich Australian Insurance Limited v CIMIC Group Limited & Ors (No 2) [2024] NSWCA 276 Hearing dates: On the papers Date of orders: 29 November 2024 Decision date: 29 November 2024 Before: White JA; Stern JA; Griffiths AJA Decision: (1) CIMIC Group Limited ("CIMIC") pay: (a) the costs of AIG Australia Limited ("AIG"), Chubb Insurance Australia Limited ("Chubb"), Catlin Syndicate Limited and Catlin Australia Pty Limited ("Catlin") and Liberty Mutual Insurance Company ("Liberty") of Issues 6, 7 and 10; (b) 50% of the costs of AIG, Chubb, Catlin and Liberty of Issue 8; (c) the costs of Chubb, Liberty, Berkley Insurance Company ("Berkley"), Swiss Re International SE ("Swiss Re"), Zurich Australian Insurance Limited ("Zurich"), Arch Underwriting at Lloyd's Limited on Behalf of Syndicate 2012 and Dual Australia Pty Ltd ("Arch/Dual") of Issues 12, 13, 14 and 15; (d) Berkley's costs of Issues 3, 4 and 5; and (e) The costs of Issue 16 other than Berkley's costs of its challenge to order 8 of the orders of Peden J made on 23 June 2023. (2) Zurich pay the costs of AIG, Chubb, Catlin, and Liberty of Issue 1. (3) Chubb pay the costs of CIMIC and Zurich of Issue 2. (4) AIG pay: (a) the costs of Berkley and Swiss Re of Issue 11; and (b) Berkley's costs of its challenge to order 8 of the orders of Peden J made on 23 June 2023, forming part of Issue 16. (5) Berkley pay the costs of CIMIC, AIG, Chubb, Catlin and Liberty arising from the issue of procedural unfairness raised by Berkley in the appeal proceedings. (6) Each party otherwise bear its own costs, including of the issue of the costs of the appeal proceedings. Catchwords: COSTS – Party/Party – exceptions to general rule that costs follow the event – whether issues based costs orders should be made Legislation Cited: Insurance Contracts Act 1984 (Cth), s 21 Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 36.16, 51.47, 51.48 Cases Cited: CIMIC Group Limited v AIG Group Limited [2022] NSWSC 999 Local Democracy Matters Incorporated v Infrastructure NSW (No 2) [2019] NSWCA 118 Michael Hill Jeweller (Australia) Pty Ltd v Gispac Pty Ltd (No 2) [2024] NSWCA 274 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd (No 2) [2018] NSWCA 40 Statham v Shephard (No 2) (1974) 23 FLR 244 Valmont Interiors Pty Ltd v Giorgio Armani Australia Pty Ltd (No 3) [2021] NSWCA 160 Zurich Australian Insurance Limited v CIMIC Group Limited & Ors [2024] NSWCA 229 Texts Cited: Nil. Category: Costs Parties: Zurich Appeal (2022/334409) Zurich Australian Insurance Limited (Appellant) CIMIC Group Limited (First Respondent) AIG Australia Limited (Second Respondent) Chubb Insurance Australia Limited (Third Respondent) Catlin Syndicate Limited (Fourth Respondent) Catlin Australia Pty Limited (Fifth Respondent) Liberty Mutual Insurance Company (Sixth Respondent) Berkley Insurance Company (Seventh Respondent) Swiss Re International SE (Eighth Respondent) Arch Underwriting at Lloyd's Limited on Behalf of Syndicate 2012 (Ninth Respondent) Dual Australia Pty Ltd (Tenth Respondent)