Cowcher v Allianz Australia Insurance Limited (No.2) [2019] NSWSC 1052

Supreme Court New South Wales

Medium Neutral Citation: Cowcher v Allianz Australia Insurance Limited (No.2) [2019] NSWSC 1052 Hearing dates: On the papers Date of orders: 19 August 2019 Decision date: 19 August 2019 Jurisdiction: Common Law Before: Bellew J Decision: The plaintiff is to pay the first defendant's costs, as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE – Costs – Where the plaintiff was unsuccessful in judicial review proceedings – Where the plaintiff sought a certificate pursuant to the Suitors' Fund Act 1951 – Where that Act grants power to issue a certificate to the respondent to a successful appeal – Whether the plaintiff was in the position of a "respondent" – Where her "appeal" had not been successful – Threshold requirements for the issue of a certificate not met – Application for certificate refused – Usual costs order made Legislation Cited: Suitors' Fund Act 1951(NSW) Cases Cited: Allianz Australia Insurance Limited v Tarabay [2013] NSWSC 141; (2013) 62 MVR 537 Allianz Australia Insurance Limited v Ward & Ors [2010] NSWSC 720; (2010) 79 NSWLR 657; (2010) 57 MVR 327 Cahill v Insurance Australia Limited (No.2) [2019] NSWSC 597 CIC Allianz Australia Limited v McDonald & Ors [2012] NSWSC 887; (2012) 61 MVR 382 Cowcher v Allianz Australia Insurance Limited [2019] NSWSC 572. GIO General Limited v Smith & Ors; Insurance Australia Limited t/as NRMA Insurance v Smith & Ors (No.2) [2011] NSWSC 998 IAG Limited v Riley [2013] NSWSC 684; (2013) 64 MVR 191 Insurance Australia Limited t/as NRMA Insurance v Banos (No.2) [2013] NSWSC 1668 Category: Costs Parties: Sharon Cowcher – Plaintiff