Miskovic v Stryke Corporation Pty Ltd trading as KSS Security (No 2) [2010] NSWSC 1495

New South Wales Supreme Court

CITATION : Miskovic v Stryke Corporation Pty Ltd trading as KSS Security (No 2) [2010] NSWSC 1495

HEARING DATE(S) : 4 June 2010, 7 June 2010

JUDGMENT DATE : 22 December 2010

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(1) Set aside orders (ii), (iv) and (v) of the orders made, in this matter, on 19 April 2010;

(2) In lieu thereof, the Court makes the following orders: (ii) The cross-defendant shall pay all costs and expenses incurred in or in connection with these proceedings, less any amount received by the defendant as a consequence of order (iii) below; (iv) No other order for costs; (v) Proceedings otherwise dismissed. DECISION : (3) The orders of the Court, as amended, and to be entered, are: (i) Judgment for the defendant against the plaintiff; (ii) The cross-defendant shall pay all costs and expenses incurred in or in connection with these proceedings, less any amount received by the defendant as a consequence of order (iii) below; (iii) The plaintiff shall pay 80% of the costs of the defendant of and incidental to these proceedings, as agreed or assessed; (iv) No other order for costs; (v) Proceedings otherwise dismissed.

CATCHWORDS : CONTRACT – indemnity – construction of insurance policy – expenses and costs in defending negligence action where ancillary claims under Trade Practices Act – all costs and expenses indemnified – orders accordingly

Civil Liability Act 2002 LEGISLATION CITED : Civil Procedure Act 2005 Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005