Running Pigmy Productions Pty Ltd v. AMP General Insurance Co Ltd and Ors [2001] NSWSC 553

New South Wales Supreme Court

CITATION : Running Pigmy Productions Pty Ltd v. AMP General Insurance Co Ltd and Ors [2001] NSWSC 553 CURRENT JURISDICTION: Equity Division Commercial List FILE NUMBER(S) : SC 50097/2000 HEARING DATE(S) : 29 June, 2001 JUDGMENT DATE : 29 June 2001

Running Pigmy Productions Pty Ltd [ACN 071 459 142] (Plaintiff) PARTIES : AMP General Insurance Co Ltd [ACN 008 405 632] (First Defendant) Royal Sun Alliance Australia Ltd [ACN 005 297 807] (Second Defendant) HIH Casualty & General Insurance Ltd [ACN 008 482 291 (Third Defendant) JUDGMENT OF : Palmer J

COUNSEL : M. Walton SC (Plaintiff) J.W. Stevenson (Defendants) SOLICITORS : Gells (Plaintiff) Mallesons Stephen Jaques (Defendants) CATCHWORDS : COSTS - CONSTRUCTION OF RULES - DISCRETION - Plaintiff succeeds against two defendants - each defendant liable for less than $225,000 - total recovered from both defendants close to $400,000 - whether Pt 52A r33(2) and (4) apply where recovery against each defendant is less than the stipulated amount or whether they apply to the total amount recovered against all defendants in the proceedings - whether discretion under subrules (3) and (5) should be exercised - held: subrules (2) and (4) apply to total amount recovered against all defendants in the proceedings - discretion exercised under subrule (5) to award whole of plaintiff's costs against defendants. LEGISLATION CITED : Supreme Court Rules Pt 52A r33, subrules (2), (3), (4), (5) and (6). DECISION : Defendants to pay the whole of the plaintiff's costs of the proceedings.