Towry Law v Chubb Insurance [2009] NSWSC 434

New South Wales Supreme Court

CITATION : Towry Law v Chubb Insurance [2009] NSWSC 434

HEARING DATE(S) : 18/02/09 JURISDICTION : Equity Commercial List

JUDGMENT OF : McDougall J at 1

EX TEMPORE JUDGMENT DATE : 18 February 2009

DECISION : See paragraphs [37] to [41] of the judgment.

CATCHWORDS : COSTS - whether costs should follow the event or follow specific issues. - COSTS - indemnity costs - whether reasonable not to accept offer of compromise - whether offer considered properly on its merits.

LEGISLATION CITED : Civil Procedure Act 2005

CATEGORY : Consequential orders

CASES CITED : County Securities Pty Ltd v Challenger Group Holdings Pty Ltd (No. 2) [2008] NSWCA 273

Towry Law PLC (Plaintiff) UKFP (Asia) HK Limited (Second Plaintiff) Henderson Group PLC (Third Plaintiff) Chubb Insurance Company of Europe SA (First Defendant) CNA Insurance Company Ltd (Second Defendant) ACE European Group Ltd (Third Defendant) Zurich Specialties London Ltd (Fourth Defendant) Great Lakes Reinsurance (UK) PLC (Fifth Defendant) St Paul Travelers Casualty & Surety Company of Europe Ltd (Sixth Defendant) New Hampshire Insurance Company (Seventh Defendant) Bestpark International Ltd (Eighth Defendant) The Underwriter Insurance Company Ltd (Ninth Defendant) Wurttembergische Versicherung AG (Tenth Defendant) PARTIES : Assicurazioni Generali Spa (Eleventh Defendant) Newline Corporate Name Ltd (Twelfth Defendant) Oak Dedicated Ltd (Thirteen Defendant) Jago Capital Ltd (Fourteenth Defendant) Catlin Syndicate Ltd (on its own behalf and representing all members of Lloyd's syndicate 1003) (Fifteenth Defendant) Catlin Syndicate Ltd (on its own behalf and representing all members of Lloyd's Syndicate 2003) (Sixteenth Defendant) RG Wasey (on his own behalf and in a representative capacity on behalf of Lloyd's Syndicate 1047)(Seventeenth Defendant) Camperdown UK Ltd (Eighteenth Defendant) Limit (No.3) Ltd (Nineteenth Defendant) Amlin Corporate Member Ltd (on its own behalf and representing all members of Lloyd's Syndicate 2001) (Twentieth Defendant) SVB Syndicates Ltd (in a representative capacity on behalf of all members of Lloyd's Syndicate 1241) (Twenty First Defendant) SVB Syndicate Ltd (in a representative capacity on behalf of all members of Lloyd's Syndicate 1007) (Twenty-Second Defendant) ACE Underwriting Agencies Ltd (in a representative capacity on behalf of all members of Lloyds Syndicate 2488) (Twenty-Third Defendant) Mark John Harrington (on his own and representing all members of Lloyd's Syndicate 0079) (Twenty-Fourth Defendant) Liberty Syndicate Management Ltd (on behalf of all members of Lloyd's Syndicate 0190) (Twenty-Fifth Defendant) Dornoch Ltd (on its own and in a representative capacity of all members of Lloyd's Syndicate 1209) (Twenty-Sixth Defendant) Old Faithful Underwriting (on its own behalf and representing all members of Lloyd's Syndicate 861) (Twenty-Seventh Defendant)