Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 10) [2018] NSWSC 37

Supreme Court New South Wales

Medium Neutral Citation: Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 10) [2018] NSWSC 37 Hearing dates: 29 January 2018 Decision date: 01 February 2018 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: First defendant to pay 80 per cent of plaintiff's costs; first defendant to pay costs of second and third defendant; first defendant to pay interest on judgment amount from dates specified Catchwords: COSTS – plaintiff successful overall against first defendant but unsuccessful on some issues – parties agree costs should not be ordered on an issue by issue basis – what proportion of plaintiff's costs should first defendant pay – whether Sanderson order should be made that unsuccessful defendant pay the costs of the successful defendants

INTEREST – from what date should interest run on verdict under s 57 of Insurance Contracts Act – by what date was it unreasonable for first defendant not to pay plaintiff's claim Legislation Cited: Insurance Contracts Act 1984 (Cth) Insurance Contracts Regulations 1985 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: ACQ Pty Ltd v Cook (No 2) [2008] NSWCA 306 Bankstown Football Club Ltd v CIC Insurance Ltd (Supreme Court (NSW), Cole J, 17 December 1993, unrep) CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384; [1997] HCA 2 Cretazzo v Lombardi (1975) 13 SASR 4 Forster v Farquhar [1893] 1 QB 564 Hughes v Western Australian Cricket Association [1986] FCA 511 Lackersteen v Jones (No 2) (1988) 93 FLR 442 Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 7) [2017] NSWSC 1321 Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 8) [2017] NSWSC 1507 Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 9) [2017] NSWSC 1762 Mobis Parts Australia Pty Ltd v XL Insurance Company SE [2016] NSWSC 912 Ritter v Godfrey [1920] 2 KB 37 Sayseng v Kellogg Superannuation Pty Ltd [2007] NSWSC 857 Stevedoring Industry Finance Committee v Gibson [2000] NSWCA 179 Category: Costs Parties: Mobis Parts Australia Pty Ltd (Plaintiff) XL Insurance Company SE (First Defendant) AIG Europe Limited (Second Defendant) UNIQA Versicherungs AG (Third Defendant) Representation: Counsel: T Mehigan (Plaintiff) D S Weinberger (First Defendant) S Gray (Second Defendant) R Scruby SC (Third Defendant)