Lou v IAG Limited t/as NRMA Insurance

(2019) 101 NSWLR 606; [2019] NSWCA 319

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Costs
2. › Party/party costs
3. › Judicial review proceedings
4. › Submitting appearance
5. › Whether costs should follow the event against submitting party who did not cause the error below
6. › Whether failure to take into account relevant considerations in exercise of costs discretion
7. › Civil Procedure Act 2005 (NSW), s 98
8. › Uniform Civil Procedure Rules 2005 (NSW), rr 6.11, 42.1
1. Costs
2. › Suitors' Fund
3. › Whether decision of claims assessor under Motor Accidents Compensation Act 1999 (NSW) is decision of 'court or tribunal'
4. › Whether judicial review pursuant to s 69 of Supreme Court Act 1970 (NSW) constitutes 'an appeal'
5. › Suitors' Fund Act 1951 (NSW), ss 2, 6, 6C
1. Administrative Law
2. › Judicial review
3. › Costs of judicial review proceedings
4. › Submitting appearance by party who benefited from decision below
5. › Whether proceedings could be resolved by consent
6. › Supreme Court Act 1970 (NSW), s 69

Quick Take

A party who files a submitting appearance in judicial review proceedings and did not cause the error the subject of those proceedings should not ordinarily be ordered to pay the successful party's costs, particularly where the proceedings could not be resolved by consent.