Allianz Australia Insurance Limited v Mackenzie & Ors (No 2) [2014] NSWSC 254

Supreme Court New South Wales

Medium Neutral Citation: Allianz Australia Insurance Limited v Mackenzie & Ors (No 2) [2014] NSWSC 254 Hearing dates: On the papers Decision date: 19 March 2014 Before: Hoeben CJ at CL Decision: (1) The first defendant is to pay 50 percent of the plaintiff's costs of these proceedings. (2) The first defendant is to have a certificate under the Suitors Fund Act 1951 (NSW) if otherwise qualified. (3) Each party is to pay his or its own costs in respect of this costs application. Catchwords: COSTS - plaintiff successful in judicial review proceedings - of eight issues raised plaintiff successful in one - whether costs should follow the event - majority of time and preparation spent on those parts of the plaintiff's summons which were unsuccessful - departure from ordinary costs rule justified. Legislation Cited: Motor Accident Compensation Act 1999 Suitors Fund Act 1951 (NSW) Supreme Court Act 1970 - s69 Cases Cited: Allianz Australia Insurance Limited v Mackenzie & Ors [2014] NSWSC 67 Allianz Australia Insurance Ltd v Roger Ward & Ors [2010] NSWSC 720; 57 MVR 327 GIO General Ltd v Smith; Insurance Australia Ltd trading as NRMA Insurance v Smith (No 2) [2011] NSWSC 998 IAG Limited v Riley [2013] NSWSC 684 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43 Category: Costs Parties: Allianz Australia Insurance Limited - Plaintiff Geoffrey Alan Mackenzie - First Defendant Motor Accidents Authority of NSW - Second Defendant Thomas Rosenthal, Nigel Marsh, Eric Eriksen, in their capacity as a medical assessors Review Panel of the MAA - Third Defendant Representation: Counsel: Mr MA Robinson SC/Ms NF Case - Plaintiff Mr EG Romaniuk SC/Ms EE Grotte - First Defendant Submitting Appearance - Second and Third Defendants Solicitors: Moray & Agnew - Plaintiff Farrell Lusher - First Defendant I V Knight, Crown Solicitor - Second and Third Defendants File Number(s): 2013/259746