IAG Limited t/a NRMA Insurance v Qianxia Lou (No 2) [2019] NSWSC 599

Supreme Court New South Wales

Medium Neutral Citation: IAG Limited t/a NRMA Insurance v Qianxia Lou (No 2) [2019] NSWSC 599 Hearing dates: On the Papers Date of orders: 22 May 2019 Decision date: 22 May 2019 Jurisdiction: Common Law Before: Wilson J Decision: Order 3 of 4 April 2019 is varied to be, costs against the first defendant in favour of the plaintiff Catchwords: COSTS – where first defendant filed a submitting appearance in the primary matter – where first defendant took no active part in primary matter – costs sought by plaintiff – ordinary rule for costs – basis to vary the ordinary rule Legislation Cited: Civil Procedure Act 2005 (NSW) Suitors Fund Act 1951 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Commissioner of Taxation v Warner (No 2) (2015) 244 FCR 498 IAG Limited t/as NRMA Insurance v Mohammed Khaled [2019] NSWSC 320 IAG Limited t/as NRMA Insurance v Qianxia Lou [2019] NSWSC 382 Kisimul Holdings Pty Ltd v Clear Position Pty Ltd (No 2) (2014) 86 NSWLR 645; [2014] NSWCA 317 Mahenthirarasa v State Rail Authority of New South Wales (No 2) (2008) 72 NSWLR 273 Midson v Workers Compensation Commission & Ors (No 2) [2017] NSWSC 147 Seller v Jones [2014] NSWCA 19 Category: Costs Parties: Plaintiff: IAG Limited t/as NRMA Insurance First Defendant: Qianxia Lou Second Defendant: State Insurance Regulatory Authority of NSW (SIRA) Third Defendant: Helen Wall, in her capacity as a Claims Assessor of SIRA Representation: Counsel: Plaintiff: M Robinson SC with J Lucy First Defendant: Adrian Barakat Second Defendant: submitting appearance Third Defendant: submitting appearance