McManus v Knights Rugby League Pty Ltd [2020] NSWSC 85

Supreme Court New South Wales

Medium Neutral Citation: McManus v Knights Rugby League Pty Ltd [2020] NSWSC 85 Hearing dates: On the papers Date of orders: 25 February 2020 Decision date: 25 February 2020 Jurisdiction: Common Law Before: Harrison J Decision: (1) Order that the first defendant's costs occasioned or thrown away by Mr McManus' application to amend the statement of claim should be the first defendant's costs in the proceedings.

(2) Make no order as to the costs of the third party insurers. Catchwords: COSTS – where plaintiff sought leave to amend statement of claim – whether plaintiff liable for costs of first defendant – where plaintiff sought to join insurers allegedly responsible for the acts and omissions of second defendant in liquidation – where application later withdrawn – whether plaintiff liable for costs incurred by insurers attempting in their own interest to foreclose the application and persuade plaintiff that they were not liable and should not be joined – where costs generated by insurers choice rather than the actions of the plaintiff – order reserving costs of insurers not disturbed Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) Cases Cited: Elphick v Westfield Shopping Centre Management Company Pty Ltd [2011] NSWCA 356 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) [2005] VSCA 298; (2005) 13 VR 435 Media Ocean Ltd v Optus Mobile Pty Ltd (No 6) [2009] FCA 1319 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Queensland v JL Holdings Pty Ltd [1997] HCA 1; (1997) 189 CLR 146 Servcorp Ltd v Nuclei Ltd [2011] FCA 1229 Category: Procedural and other rulings Parties: James Alan McManus (Plaintiff) Knights Rugby League Pty Ltd (First Defendant) Newcastle Knights Pty Ltd (Second Defendant) Representation: Counsel: C T Barry QC and D R Benson (Plaintiff) D Villa SC (First Defendant) T McCulloch (Insurers)