Janelle McWilliam & Anor v Integral Energy [2009] NSWSC 289

New South Wales Supreme Court

CITATION : Janelle McWilliam & Anor v Integral Energy [2009] NSWSC 289

HEARING DATE(S) : 16/04/2009

JUDGMENT DATE : 24 April 2009

JUDGMENT OF : Hoeben J

1. I declare that the defendant is only entitled to deduct from any amount awarded by the Court or settled between the first and second plaintiffs and the defendant amounts of: DECISION : (i) $259,019 being the amount paid by the NRMA to the first and second plaintiffs for the loss of their home; and (ii) $66,250 being the amount paid by the GIO to the first and second plaintiffs for loss of home contents. 2. The defendant is to pay 65 percent of the first and second plaintiffs' costs of this motion, such costs to include the costs of senior and junior counsel.

CATCHWORDS : INSURANCE - loss suffered by plaintiffs as a result of fire caused by defendant - part of loss met by insurance policies - claim by insurers against defendant settled - defendant's rights of subrogation - settlement of claim by plaintiffs against defendant - whether defendant entitled to deduct interest on insurance payments from settlement. - COSTS - unnecessary expenditure of costs by successful parties - corresponding adjustment in costs order in their favour.

CATEGORY : Procedural and other rulings

Coshott v Woollahra Municipal Council [2008] NSWCA 176 at [12] CASES CITED : H Cousins & Co Ltd v D & C Carriers Ltd [1971] 2 QB 230 Logudice; Re section 130 District Court Act 1972 (1982) 2 ANZ Ins Cas [60-471] Lord Napier v Hunter [1993] AC 713

Janelle McWilliam - First Plaintiff PARTIES : William McWilliam - Second Plaintiff Integral Energy - Defendant