Amashaw Pty Limited v Marketform Managing Agency Ltd (No 2) [2017] NSWSC 793

Supreme Court New South Wales

Medium Neutral Citation: Amashaw Pty Limited v Marketform Managing Agency Ltd (No 2) [2017] NSWSC 793 Hearing dates: On the papers Date of orders: 20 June 2017 Decision date: 20 June 2017 Jurisdiction: Equity Before: McDougall J Decision: No further order as to costs. Catchwords: COSTS – where judgment for less than $500,000 – whether plaintiff justified in commencing proceedings in this court – whether court should make no order as to costs – Uniform Civil Procedure Rules 2005 (NSW) r 42.34 Legislation Cited: Insurance Contracts Act 1984 (Cth) Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Amashaw Pty Limited v Marketform Managing Agency Ltd [2017] NSWSC 612 Calderbank v Calderbank [1976] Fam 9 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (No 2) [2014] NSWCA 425 State of New South Wales v Quirk [2012] NSWCA 216 Category: Costs Parties: Amashaw Pty Limited (Plaintiff) Marketform Managing Agency Ltd (Defendant) Representation: Counsel: T J Brennan (Plaintiff) M R Elliott (Defendant)

Solicitors: A R Connolly & Company (Plaintiff) Colin Biggers & Paisley (Defendant) File Number(s): 2016/124113

Judgment 1. HIS HONOUR: The plaintiff (Amashaw) sued the defendant (Marketform) for indemnity under a policy of insurance. I heard the case over three days in April 2017, and gave judgment on 19 May 2017 [1] . The parties agreed on the amount for which judgment should be entered, but disagreed as to the costs consequences. This is my decision on the question of costs.