Chapman v Taylor & Ors; Vero Insurance Ltd. v Taylor & Ors (No.3)

[2005] NSWCA 95

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Proportionality of costs
4. › Two parties with substantially similar interests
5. › Separate appeals brought
6. › Insurer with interest in establishing general point briefing Senior Counsel
7. › Whether costs of Senior Counsel should be allowed
1. Practice and Procedure
2. › Costs
3. › Costs on appeal
4. › Modification of costs orders
5. › Whether costs before Master should be included

Quick Take

Where costs are disproportionate to the amount in issue, two defendants with substantially the same interests incur separate costs, and one defendant (such as an insurer) has a wider commercial interest in establishing a general point, the court may limit that defendant's recoverable costs to Junior Counsel rates. The wider commercial interest alone is insufficient to justify such a limitation; it must be combined with other factors such as disproportionate costs and duplication.