Garage Fashions Pty Ltd v Insurance Australia Ltd trading as NRMA Insurance [2011] NSWSC 1589

Supreme Court New South Wales

Medium Neutral Citation: Garage Fashions Pty Ltd v Insurance Australia Ltd trading as NRMA Insurance [2011] NSWSC 1589 Hearing dates: 18 November 2011 Decision date: 19 December 2011 Jurisdiction: Common Law Before: Schmidt J Decision: 1. Judgment for the plaintiff in sum of $186,998, which comprises: (a) stock - $121,148; (b) contents - $60,000; and (c) cleaning costs - $5,850. 2. The defendant to pay the plaintiff interest pursuant to s 57 of the Insurance Contracts Act 1984 (Cth) on the sum of $121,148, calculated form 8 June 2011. 3. The defendant to pay the plaintiff interest pursuant to s 57 of the Insurance Contracts Act 1984 (Cth) on the sum of $65,850, calculated from 3 November 2009. 4. The plaintiff to pay 80% of the defendant's costs of the proceedings, assessed on a party and party basis or as otherwise agreed. 5. The amounts payable to the plaintiff by the defendant arising from orders 1, 2 and 3 be set-off against those costs payable by the plaintiff. 6. The enforcement of orders 1, 2, and 3 be stayed until further order. Catchwords: PROCEDURE - costs - departing from the general rule - plaintiff to pay part of defendant's costs - oversight in relation to accounting costs order - order made - set-off - order for set off made and to stay money judgment until costs have been assessed - orders made Legislation Cited: Insurance Contracts Act 1984 (Cth) Uniform Civil procedure Rules 200 Cases Cited: Australian Beverage Distributors Pty limited v Evans & Tait Premium Wines Pty Limited [2006] NSWSC 560; (2006) 230 ALR 184 Elite Protective Personnel v Salmon (No 2) [2007] NSWCA 373 Garage Fashions Pty Ltd v Insurance Australia Ltd trading as NRMA Insurance [2011] NSWSC 968 Category: Procedural and other rulings Parties: Garage Fashions Pty Limited (Plaintiff) Insurance Australia Limited t/as NRMA Insurance (Defendant) Representation: Counsel: Mr J Hynes (Defendant) Solicitors: Mr G Hadchiti, Paramonte Legal (Plaintiff) Williams Roberts Lawyers (Defendant) File Number(s): 2010/90555