Jeandin v Tzovaras [2011] NSWSC 1511

Supreme Court New South Wales

Medium Neutral Citation: Jeandin v Tzovaras [2011] NSWSC 1511 Hearing dates: 01/12/2011 Decision date: 01 December 2011 Jurisdiction: Equity Division - Commercial List Before: McDougall J Decision: (1) Direct entry of judgment for the Plaintiff against the Third Defendant in the amount of $1,946,130.13 including interest to 1 December 2011. (2) Declare that the Plaintiff is entitled to enforce a charge against the Fourth Defendant pursuant to section 6 of the Law Reform (Miscellaneous Provisions) Act 1946, over all insurance moneys payable in respect of the Third Defendant's liability to the Plaintiff (being the judgment referred to in order 1 above and any interest thereon, and the costs order referred to in order 6(b) below), provided that the amount secured by such charge shall not exceed $1,992,500. (3) Order that the Fourth Defendant, pursuant to the charge referred to in the declaration above, within 28 days pay to the Plaintiff the sum of $1,946,130.13 in respect of the Third Defendant's liability under the judgment referred to in order 1 above. (4) Order that the sum of $50,000 lodged by the Plaintiff as security for the Fourth Defendant's costs (together with any interest accrued) be paid out to the Plaintiff. (5) Vacate order 2 made on 4 November 2011. (6) Order that: the First and Second Defendants pay the Plaintiff's costs of the proceedings; the Third Defendant pay the Plaintiff's costs of the proceedings from 11 June 2010 (apart from any costs of the claims brought on the guarantee against the First and Second Defendants); the Fourth Defendant pay the Plaintiff's costs of the motion for joinder filed on 30 April 2010, and the Plaintiff's costs of the proceedings from 11 June 2010 up to and including 9 September 2011 (apart from any costs of the claims brought on the guarantee against the First and Second Defendants), on the ordinary basis; and the Fourth Defendant pay the Plaintiff's costs of the proceedings from 10 September 2011 (apart from any costs of the claims brought on the guarantee against the First and Second Defendants), on the indemnity basis. (7) Liberty to apply on 3 days notice. (8) Reserve to the first defendant liberty to apply on three days' notice for the discharge or variation of the freezing order made against him on 4 February 2010 as extended from time to time thereafter. (9) Stay for a period of 14 days from today's date execution of the judgment to be entered pursuant to paragraph 1 and 3 of the Short Minutes of Order. (10) Direct that the exhibits be retained for 28 days and thereafter be dealt with in accordance with the Rules. Catchwords: COSTS - insurance - contract - whether insurer required to indemnify against certain costs - whether recovery of costs would impose liability in excess of policy limit. Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Category: Procedural and other rulings Parties: Jean-Pierre Louis Paul Jeandin (Plaintiff) Ted Dorotheos Tzovaras (First Defendant) George Tzovaras (Second Defendant) Tzovaras Legal Pty Limited (ACN 092 725 829) (Deregistered) (Third Defendant) LawCover Insurance Pty Limited (ACN 095 082 509) (Fourth Defendant) Representation: Counsel: RJH Darke SC / M J Dawson (Plaintiff) P W Arblaster / M Newton (Fourth Defendant) Solicitors: Argyle Lawyers (Plaintiff) No appearance (First, Second and Third Defendants) HWL Ebsworth (Fourth Defendant) File Number(s): 2009/322343