Buses + 4WD Hire Pty Limited v Oz Snow Adventures Pty Limited [2016] NSWSC 1149

Supreme Court New South Wales

Medium Neutral Citation: Buses + 4WD Hire Pty Limited v Oz Snow Adventures Pty Limited [2016] NSWSC 1149 Hearing dates: On the papers Decision date: 19 August 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order the plaintiffs to pay the defendants' costs of the motion, with the intention that these costs be paid by the plaintiffs' insurer, Zurich Australia Insurance Limited.

(2) Make no order as to the costs of the plaintiff or the respective cross-defendants, with the intention that the plaintiffs and the respective cross-defendants are to bear their own costs of the motion. Catchwords: COSTS – successful application by insured plaintiff for leave for separate legal representation in order to defend the first cross-claim – costs order made requiring plaintiff to pay defendants costs of the notice of motion – application by insured plaintiff for insurer to pay both the defendants costs and its costs of the notice of motion – application resisted by insurer in respect to costs of insured plaintiff – order in principal judgment of benefit to both insured plaintiff and insurer – insurer to pay defendants costs and each party to pay own costs of the notice of motion in respect of insurer and insured plaintiff Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), s78 Cases Cited: Buses + 4WD Hire Pty Limited v Oz Snow Adventures Pty Limited [2016] NSWSC 1017 Category: Costs Parties: Buses + 4WD Hire Pty Limited (1st Plaintiff, 1st Cross-Defendant) Shannon Baglee (2nd Plaintiff) Oz Snow Adventures Pty Limited (1st Defendant, 1st Cross-Claimant) Matthew Goodall (2nd Defendant, 2nd Cross-Claimant) Zurich Australia Insurance Limited (2nd Cross-Defendant) Representation: Counsel: JA Gracie (1st & 2nd Plaintiff; 2nd Cross-Defendant) D O'Dowd (1st Cross-Defendant) J Rose (Defendants/ Cross-Claimants)