Claim to indemnity in respect of flood damage by corporate entity against insurer and insurance agent - Sub-agent joined by defendant insurance agent as third-party - Plaintiff's claim dismissed as against both defendants - Whether appropriate to adjourn the question of costs to permit defendant insurance agent to seek reinstatement of plaintiff as a registered corporation - Discussion of principles related to the award of costs to a successful third-party.
Held, that the successful third-party was entitled to an order that defendant insurance agent pay its costs - Question of possible Bullock order in favour of that defendant reserved pending outcome of any application to reinstate plaintiff to ASIC register.
Lombard Insurance Company (Australia) Ltd v Pastro, Pastro & Pastro and Voivodich (1994) 175 LSJS 448; discussed
