NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Checchia v Insurance Australia Ltd t/as NRMA Insurance (No 2) [2014] NSWSC 748 Hearing dates: On Written Submissions Decision date: 06 June 2014 Jurisdiction: Common Law Before: Hall J Decision: (1) The plaintiff is entitled to pre-judgment interest at a rate of 5% per annum. (2) The plaintiff is entitled, in respect of the first trial, to an order for 50% of his costs of that trial on the ordinary basis. (3) The plaintiff is entitled, in respect of the second trial, to an order for 40% of his costs on the ordinary basis. Catchwords: COSTS - costs awarded on the ordinary basis - finding of false and misleading conduct within the meaning of s 118 Motor Accidents Compensation Act 1999 in the principal judgment - exercise of discretion as to costs - costs awarded in respect of both trials at a reduced rate
INTEREST - interest awarded at a reduced rate - interest rate previously prescribed in settlement agreement - exercise of discretion to award interest at half the rate provided for in the settlement agreement Legislation Cited: Civil Liability Act 2005 Civil Procedure Act 2005 Motor Accidents Compensation Act 1999 Uniform Civil Procedure Rules 2005 Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Brittain v The Commonwealth (No 2) [2004] NSWCA 427 Checchia v Insurance Australia Ltd t/a NRMA Insurance [2013] NSWSC 674 Insurance Australia Limited t/as NRMA Insurance v John Checchia [2011] NSWCA 101 Malpas v Malpas (1885) 11 VLR 670 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Ryan v Caelli (1903) 9 ALR 109 Stewart v McKinley (1885) 11 VLR 802 Category: Consequential orders Parties: John Checchia (Plaintiff) Insurance Australia Ltd t/as NRMA Insurance (Defendant) Representation: Counsel: BJ Gross QC; S Dixon (Plaintiff) K Rewell SC; B Kelleher (Defendant) Solicitors: Young & Muggleton Solicitors (Plaintiff) Moray & Agnew Solicitors (Defendant) File Number(s): 2007/263856
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