NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wagga Truck Towing Pty Ltd v O'Toole; IAG Limited t/as NRMA Insurance v O'Toole (No 2) [2011] NSWCA 347 Hearing dates: (On papers) Decision date: 18 November 2011 Before: Giles JA, McColl JA Decision: (1) Vary order (4) made on 15 July 2011 to provide - "Wagga Towing and NRMA to pay Mr O'Toole's costs of both appeals on a party/party basis to 31 August 2010 and on an indemnity basis from 1 September 2010 (apportioned 50:50 between themselves)"; (2) Order NRMA and Wagga Towing to pay Mr O'Toole's costs of his notice of motion filed on 29 July 2011 on a party/party basis; (3) Dismiss NRMA's notice of motion filed on 29 July 2011 with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court146s computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: Costs - no question of principle. Category: Costs Parties: CA 2010/00103822: Wagga Truck Towing Pty Ltd - First Appellant Dean O'Toole - First Respondent Rhett Russell/IAG Ltd t/as NRMA Insurance - Second Respondent
CA 2010/00105013 Insurance Australia Ltd t/as NRMA Insurance - Appellant Dean O'Toole - First Respondent to second appeal Wagga Truck Towing Pty Ltd - Second respondent to second appeal Representation: A D M Hewitt SC, S E Torrington - Wagga Truck Towing Pty Ltd P J Deakin QC & A J Stone - Insurance Australia Limited t/as NRMA Insurance C T Barry QC & P J Frame - Dean O'Toole Lee & Lyons Lawyers - Wagga Truck Towing Pty Ltd Insurance Australia Limited t/as NRMA Insurance - Sparke Helmore Lawyers Taylor & Scott Lawyers - Dean O'Toole File Number(s): CA 2010/103822 and CA 2010/105013 Decision under appeal Date of Decision: 2010-03-30 00:00:00 Before: Garling DCJ File Number(s): DC 4014/05
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