Johnson v HCC Underwriting Agency Ltd as trustees for Syndicate 4040 of Lloyds [2013] NSWSC 1156

Supreme Court New South Wales

Medium Neutral Citation: Johnson v HCC Underwriting Agency Ltd as trustees for Syndicate 4040 of Lloyds [2013] NSWSC 1156 Hearing dates: 17 June 2013 Decision date: 23 August 2013 Before: Simpson J Decision: (i) The cross-claimant (Commonwealth Bank of Australia) pay the costs of the second cross-defendant (Workers Compensation Nominal Insurer) of the cross-claim. (ii) Costs be assessed on an ordinary basis until 21 April 2012, and on an indemnity basis thereafter. Catchwords: COSTS - cross-claim dismissed - application for ordinary and indemnity costs - offer of compromise made - no issue of principle Legislation Cited: Corporations Act 2001 (Cth) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Category: Costs Parties: Steven Craig Johnson (Plaintiff/First Cross-Defendant) HCC Underwriting Agency Ltd as trustees for Syndicate 4040 of Lloyds (First Defendant/First Cross Defendant) Commonwealth Bank of Australia (Second Defendant/Cross Claimant) The Workers' Compensation Nominal Insurer (Second Cross Defendant) Representation: Counsel: M Daley/L Friedwald (Plaintiff) D A Lloyd (First defendant/First Cross Defendant) J A Gracie (Second Defendant/Cross Claimant) P N Khandhar (Second Cross Defendant) Solicitors: George West (Plaintiff) Lee & Lyons (First defendant/First Cross Defendant) Goldrick Farrell Mullan (Second Defendant/Cross Claimant) DLA Piper (Second Cross Defendant) File Number(s): 2009/338399