NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Insurance Australia Ltd t/as NRMA Insurance v Yu (No 2) [2019] NSWSC 505 Hearing dates: 17 May 2018 Decision date: 03 May 2019 Jurisdiction: Common Law Before: McCallum J Decision: Plaintiff to pay the first defendant's costs on the ordinary basis up to and including 1 February 2018 and on an indemnity basis after 1 February 2018 Catchwords: COSTS – offer of compromise – where made in proceedings for judicial review – failure to specify proposed orders for disposal of the claim – Calderbank offer – whether unreasonable not to accept offer Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), s 94(4) Civil Procedure Act 2005 (NSW), Part 6 Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.15 Cases Cited: AAI Limited v Josipovic (No 2) [2013] NSWSC 1577 Insurance Australia Ltd t/a NRMA Insurance v Yu [2019] NSWSC 400 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Calderbank v Calderbank [1975] 3 All ER 333. Singleton v Macquarie Broadcasting Holdings Ltd (1991) 24 NSWLR 103 Category: Costs Parties: Insurance Australia Ltd t/as NRMA Insurance (plaintiff) Yuchen Yu (first defendant) State Insurance Regulatory Authority (second defendant) Representation: Counsel: B Wilson (plaintiff) J de Greenlaw (first defendant)
Solicitors: Hall & Wilcox Lawyers (plaintiff) Harrow Legal (first defendant) File Number(s): 2017/328959 Publication restriction: None
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