NSW Caselaw
New South Wales Supreme Court
CITATION : Owners Strata Plan 70150 v Allianz Australia Insurance Ltd [2010] NSWSC 759
HEARING DATE(S) : 20 May 2010 JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 20 May 2010
DECISION : Defendant pay plaintiff's costs of the proceedings, including costs of the reference, and that interest be payable thereon
CATCHWORDS : PROCEDURE – Costs – Departing from the general rule – costs follow the event – interest on costs
(NSW) Civil Procedure Act 2005 LEGISLATION CITED : (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 Schedule 5
CATEGORY : Procedural and other rulings
Abigroup v Peninsula (No 2) [2001] NSWSC 1016 CASES CITED : Drummond & Rosen Pty Ltd v Easey & Ors (No 2) [2009] NSWCA 331 Hexiva Pty Ltd v Lederer [2006] NSWSC 1129 Wood v Inglis [2010] NSWSC 749
PARTIES : Owners Strata Plan 70150 (plaintiff) Allianz Australia Insurance Ltd (defendant)
FILE NUMBER(S) : SC 05/270884
COUNSEL : M Rudge SC w F Hicks (plaintiff) D Weinberg (defendant)
SOLICITORS : Doyle Edwards Anderson Lawyers (plaintiff) HWL Ebsworth Lawyers (defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BRERETON J
Thursday, 20 May 2010
2005/270884 The Owners Strata Plan No 70150 v Allianz Australia Insurance Ltd JUDGMENT (ex tempore)
1 HIS HONOUR: Before the Court are competing motions by the plaintiff for adoption, and by the defendant for rejection in part, of a report of a referee, to whom the determination of these proceedings was, by order of the Court, referred. After the commencement of the hearing of those motions this morning, the parties were able to compromise their applications on the basis that short minutes will be brought in tomorrow morning providing effectively for the substitution of a judgment in the plaintiff's favour in the sum of $4.5 million, for the referee's recommended $5 million approximately. As I understand it, the difference reflects substantially, though not entirely, the disputed allowance made by the referee for GST.
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