Shuetrim v FSS Trustee Corporation [2015] NSWSC 795

Supreme Court New South Wales

Medium Neutral Citation: Shuetrim v FSS Trustee Corporation [2015] NSWSC 795 Hearing dates: On the papers; submissions received 1 May 2015, 29 May 2015 and 12 June 2015 Decision date: 19 June 2015 Jurisdiction: Equity Division Before: Stevenson J Decision: Interest to run under s 57 of the Insurance Contracts Act 1984 (Cth) from 17 December 2014; second and third defendants to pay 80 per cent of the plaintiff's costs of the proceedings; no order as to the costs of the first defendant Catchwords: INSURANCE – calculation of interest under s 57 of the Insurance Contracts Act 1984 (Cth) – date from which it was unreasonable for insurers to withhold payment; COSTS – plaintiff successful overall but not on one major issue – whether plaintiff should be deprived of costs in relation to that issue – whether that issue was clearly dominant or separable; COSTS – first defendant settled with plaintiff immediately before trial and entered submitting appearance save as to costs – whether second and third defendants should pay first defendant's costs of proceedings or costs thrown away in respect of subpoenas to produce Legislation Cited: Insurance Contracts Act 1984 (Cth) Cases Cited: Bankstown Football Club Ltd v CIC Insurance Ltd (Supreme Court (NSW), Cole J, 17 December 1993, unrep) Cretazzo v Lombardi (1975) 13 SASR 4 James v Surf Road Nominees Pty Ltd (No. 2) [2005] NSWCA 296 Monie v Commonwealth of Australia (No. 2) [2008] NSWCA 15 Sayseng v Kellogg Superannuation Pty Ltd [2007] NSWSC 857 Shuetrim v FSS Trustee Corporation [2015] NSWSC 464 Category: Costs Parties: Benjamin Shuetrim (Plaintiff) FSS Trustee Corporation (First Defendant) MetLife Insurance Ltd (Second Defendant) TAL Life Ltd (Third Defendant) Representation: Counsel: M J Bleasel with A Coombes (Plaintiff) J G Duncan (Second Defendant) C R Hanson (Third Defendant)