Chapman v. Taylor & Ors; Vero Insurance Ltd. v. Taylor & Ors (No.3) [2005] NSWCA 95

New South Wales Court of Appeal

CITATION: Chapman v. Taylor & Ors; Vero Insurance Ltd. v. Taylor & Ors (No.3) [2005] NSWCA 95

HEARING DATE(S): Matter dealt with on written submissions in Chambers

JUDGMENT DATE: 1 April 2005

JUDGMENT OF: Beazley JA at 1; Hodgson JA at 2; Tobias JA at 15

DECISION: 1. Vacate Order 4 made on 9 February 2005, and in lieu thereof order that Mr. and Mrs. Taylor pay Vero's costs before the Master and of the appeal (including the application for leave), assessed in each case on the basis of the briefing of one Counsel at fees appropriate to Junior Counsel, and that they have a certificate under the Suitors' Fund Act if otherwise eligible. 2. Vero's costs of the appeal not to include costs incurred after delivery of judgment on 9 February 2005, and no order as to these costs.

CATCHWORDS: COSTS - Appeal - Proportionality of costs - Two parties with substantially similar interests - Separate appeals brought - One appellant, an insurer with an interest in establishing a general point, briefed senior counsel - Respondent ordered to pay the appellant's costs, not extending to briefing senior counsel.

David Neil Chapman - appellant Ernest & Fredericka Taylor - 1st respondents PARTIES: Vero Insurance Ltd - 2nd respondent Consumer, Trader & Tenancy Tribunal - 3rd respondent

FILE NUMBER(S): CA 40120/04; 41106/03

COUNSEL: The relevant parties filed written submissions

G.P. Bartels, Eastwood for 1st respondent SOLICITORS: McLachlan Chilton, Sydney for 2nd respondent

LOWER COURT JURISDICTION: Supreme Court - Common Law Division

LOWER COURT FILE NUMBER(S): SC12971/02

LOWER COURT JUDICIAL OFFICER: Master Harrison