Central Australian Aboriginal Congress v CGU Insurance

[2009] NTCA 2

NT Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Successful claim against insurer for indemnity under policy
5. › Whether claimant entitled to indemnity costs
6. › Policy providing indemnity for legal costs
7. › Insurer declining to take over defence
8. › Supreme Court Rules (NT) O 63.03(1), O 63.29(1)
1. Practice and Procedure
2. › Costs
3. › Costs of appeal
4. › Whether successful appellant should be deprived of costs
5. › Whether appeal succeeded on point not raised at trial
1. Practice and Procedure
2. › Costs
3. › Costs for two counsel
4. › Whether case warranted certification for more than one counsel
5. › Supreme Court Rules (NT) O 63.72(9)(b)

Quick Take

Where an insurance policy provides an indemnity for legal costs and the insurer declines to take over the defence, the insured who successfully sues for indemnity should ordinarily be awarded indemnity costs, on the basis that had the insured treated the denial of liability as a repudiation, it would have recovered solicitor and own client costs as damages. A successful appellant will not be deprived of costs merely because the argument that succeeded on appeal was not precisely the same as that advanced at trial, provided the arguments were not so different as to warrant such an order.