McGlashan v QBE Insurance (Australia) Ltd (No 3) [2014] NSWSC 716

Supreme Court New South Wales

Medium Neutral Citation: McGlashan v QBE Insurance (Australia) Ltd (No 3) [2014] NSWSC 716 Hearing dates: 26 May 2014 Decision date: 02 June 2014 Jurisdiction: Common Law Before: Campbell J Decision: (1)Judgment for the defendant; (2)The plaintiff to pay the defendant's costs of, and incidental to, the proceedings on the ordinary basis forthwith after they have been agreed or assessed. (3)Grant leave to the defendant to apply to vary order (2) within 7 days of today by filing written submissions (not exceeding 2 pages) stating the costs order for which the defendant contends and the reasons why that order should be made, supported by an affidavit annexing any relevant offers of compromise; (4)The plaintiff to have a further 7 days to file any written submissions (not exceeding 2 pages) in response supported by any evidence to which he wishes to refer. Catchwords: PROCEDURE - civil - separate questions - whether decision of separate questions of liability finally disposed of proceedings Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B, 5C, 5R Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Caswell v Powell Duffryn Associated Collieries Ltd [1940] AC 152; Davies v Adelaide Chemical and Fertiliser Co Ltd (1946) 74 CLR 541; General Cleaning Contractors Ltd v Christmas [1953] AC 180; Kinzett v McCourt and Others [1999] NSWCA 7; (1999) 46 NSWLR 32; Stevens v Brodribb Saw Milling Co Pty Ltd (1986) 160 CLR 16 Zurich Australian Insurance Ltd v Metals and Minerals Insurance Pte and Others Ltd [2009] HCA 50; (2009) 240 CLR 391; Category: Consequential orders Parties: Barry McGlashan (Plaintiff) QBE Insurance Limited (Defendant) Representation: Counsel: S Grey (Plaintiff) N E Chen (Defendant) Solicitors: File Number(s): 2009/297804