K & M Prodanovski Pty Limited v Calliden Insurance Limited [2011] NSWSC 757

Supreme Court New South Wales

Medium Neutral Citation: K & M Prodanovski Pty Limited v Calliden Insurance Limited [2011] NSWSC 757 Hearing dates: 20 July 2011 Decision date: 20 July 2011 Jurisdiction: Equity Division - Commercial List Before: Einstein J Decision: The plaintiff pay the defendant's costs on an ordinary basis as agreed or assessed. Catchwords: Costs Legislation Cited: Civil Procedure Act (NSW) Insurance Contracts Act 1984 (Cth) Road Transport (Vehicle Registration) Act 1997 (NSW) Cases Cited: Colburt v Beard [1992] 2 Qd R 67 Cretazzo v Lombardi (1975) 13 SASR 4 Hughes v Western Australian Cricket Association Inc (1986) ATPR 40-748 K & M Prodanovski Pty Limited v Calliden Insurance Limited [2011] NSWSC 738 Oshlack v Richmond River Council (1998) 193 CLR 72 Category: Costs Parties: K & M Prodanovski Pty Limited (Plaintiff) Calliden Insurance Limited (Defendant Representation: Counsel: Mr A McSpedden (Plaintiff) Mr M Cashion SC, Mr M Heath (Defendant Solicitors: Turner Freeman (Plaintiff) Turks Legal (Defendant) File Number(s): 2010/00421187

Judgment 1On 15 July 2011, I gave judgment in the matter of K & M Prodanovski Pty Limited v Calliden Insurance Limited [2011] NSWSC 738 ('the substantive matter'). The present hearing deals with the appropriate costs order arising from that matter. 2The substantive matter concerned a Lamborghini motor vehicle ('the vehicle'), which was substantially damaged in an accident. The plaintiff had purchased the Lamborghini for $980, 000. 3Pursuant to leave granted in Court, the plaintiff sought a declaration that the insured motor vehicle is a written off vehicle within the meaning of section 16B (3) (f) of the Road Transport (Vehicle Registration) Act 1997 (NSW) . 4The plaintiff further sought an order that the defendant pay to it the sum of $971, 000 being the purchase price of the vehicle less the excess payable. 5In the alternative, the plaintiff contended that in the event that the Court were to conclude that, notwithstanding the passage of time since the accident, that the defendant remains entitled to repair the insured motor vehicle or to pay the cost of repairing that motor vehicle, that such an order be made for repair forthwith. 6Finally, the plaintiff sought orders that the defendant pay the plaintiff interest and/or damages, including the cost of storage of the vehicle.