DSHE Holdings Ltd (receivers and managers appointed) (in liq) v Abboud; National Australia Bank Limited v Abboud (No 2) [2017] NSWSC 665

Supreme Court New South Wales

Medium Neutral Citation: DSHE Holdings Ltd (receivers and managers appointed) (in liq) v Abboud; National Australia Bank Limited v Abboud (No 2) [2017] NSWSC 665 Hearing dates: On the papers Decision date: 26 May 2017 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Plaintiffs to pay the costs of each insurer defendant Catchwords: COSTS – unsuccessful application for leave under s 6(4) of Law Reform (Miscellaneous Provisions) Act 1946 (NSW) against multiple insurers – whether plaintiffs should pay each insurer's costs – whether plaintiff should pay only one set of costs Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Cases Cited: DSHE Holdings Ltd (receivers and managers appointed) (in liq) v Abboud; National Australia Bank Limited v Abboud [2017] NSWSC 579 Milillo v Konnecke [2009] NSWCA 109 Statham v Shephard (No 2) (1974) 23 FLR 244 Taylor v Owners - Strata Plan 11564 (No 2) [2013] NSWCA 153 Van Eeden v Henry; Henry v Van Eeden (2005) 62 NSWLR 301; NSWCA 14 Category: Costs Parties: In 2017/81927: DSHE Holdings Ltd (receivers and managers appointed) (in liq) (Plaintiff) Nicholas Abboud (First Defendant) Michael Thomas Potts (Second Defendant) Phillip John Cave (Third Defendant) Robert Murray (Fourth Defendant) William Paul Renton Wavish (Fifth Defendant) Lorna Kathleen Raine (Sixth Defendant) Robert Ishak (Seventh Defendant) Jamie Clifford Tomlinson (Eighth Defendant) Allianz Australia Insurance Ltd (Ninth Defendant) QBE Underwriting Ltd (for and on behalf of Syndicate 1886, as sub-syndicate of Syndicate 2999) (Tenth Defendant) Navigators Corporate Underwriters Ltd (for and on behalf of Syndicate 1221) and The Channel Managing Agency Ltd (for and on behalf of Syndicate 2015) (Eleventh Defendant) Chubb Insurance Australia (formerly known as ACE Insurance Ltd) (Twelfth Defendant) AIG Australia Ltd (Thirteenth Defendant) HDI-Global SE, Australia (Fourteenth Defendant) Liberty Mutual Insurance Company (Fifteenth Defendant) XL Insurance Company SE (Sixteenth Defendant) Berkley Insurance Australia (Seventeenth Defendant) Swiss Re International SE (Australia Branch) (Eighteenth Defendant)