Marshall v QBE Insurance (Australia) Limited [2013] NSWSC 1935

Supreme Court New South Wales

Medium Neutral Citation: Marshall v QBE Insurance (Australia) Limited [2013] NSWSC 1935 Hearing dates: 5 December 2013 Decision date: 20 December 2013 Jurisdiction: Common Law Before: Schmidt J Decision: 1. Leave to appeal is granted. 2. The appeal is dismissed. 3. Unless the parties approach to be heard on costs within 21 days the order as to costs will be that the plaintiff pay the defendant's costs, as agreed or assessed. Catchwords: APPEAL - appeal from Local Court decision - costs - costs order - applicable principle - indemnity costs - applicable principle - Section 190 of the Evidence Act 1995 - no error established - orders Legislation Cited: Civil Procedure Act 2005 Corporations Act 2001 (Cth) Local Court Act 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Edmunds-Jones Pty Limited v Australian Women's Hockey Association Inc [1999] NSWSC 285 FPM Constructions v Council of the City of Blue Mountains [2005] NSWCA 340 Knight v FP Special Assets Ltd [1992] HCA 28; (1992) 174 CLR 178 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 QBE Insurance (Australia) Limited v Hotchin [2013] NSWSC 315 Category: Principal judgment Parties: Stene Marshall (Plaintiff) QBE Insurance (Australia) Limited (ACN 003 191 035) Representation: Counsel: Mr J Loxton (Plaintiff) Mr AM Stewart (Defendant) Solicitors: JP Leong & Co (Plaintiff) Hicksons Lawyers (Defendant) File Number(s): 2013/245873 Publication restriction: None