IAG Ltd t/as NRMA Insurance v Abiad [2018] NSWSC 1603

Supreme Court New South Wales

Medium Neutral Citation: IAG Ltd t/as NRMA Insurance v Abiad [2018] NSWSC 1603 Hearing dates: On the papers Date of orders: 24 October 2018 Decision date: 24 October 2018 Jurisdiction: Common Law Before: Harrison J Decision: (1) Order that the first and second defendants pay the costs of the plaintiff of and incidental to the proceedings in this Court, limited to the greater of either costs assessed by reference to and calculated by analogy in accordance with Schedule 1 Table A of the Motor Accidents Compensation Regulation 2015 or the costs, if any, to which the first and second defendants may become separately entitled in accordance with a certificate issued pursuant to the Suitors' Fund Act 1951. (2) Order that the first and second defendants respectively be given a certificate in respect of the proceedings in this Court pursuant to s 6 of the Suitors' Fund Act 1951 if so entitled. Catchwords: COSTS – party/party – costs of successful judicial review application – general rule that costs follow the event – where costs likely to be disproportionate to the amount claimed – where costs limited Legislation Cited: Civil Procedure Act 2005 (NSW), ss 60, 98 Motor Accidents Compensation Regulation 2015 (NSW), sch 1 Suitors' Fund Act 1951 (NSW), s 6C Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Henderson v QBE Insurance (Australia) Ltd (2013) 66 MVR 69; [2013] NSWCA 480 IAG Ltd t/as NRMA Insurance v Abiad [2018] NSWSC 1422 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Category: Costs Parties: IAG Ltd t/as NRMA Insurance (Plaintiff) Karim Abiad (First Defendant) Sakine Alameddine (Second Defendant) State Insurance Regulatory Authority of New South Wales (SIRA) (Third Defendant) Richard Buckley, in his capacity as a claims assessor of SIRA (Fourth Defendant) Representation: Counsel: M Robinson SC with B Wilson (Plaintiff) N Chen SC with J de Greenlaw (First and Second Defendants)