AAI Limited v Caffrey

[2020] QCA 116

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Test case prosecuted by insurer
5. › Whether appropriate to order indemnity costs where appeal concerned legal principle for benefit of insurer's business generally
1. Practice and Procedure
2. › Judgments and orders
3. › Variation or setting aside of orders
4. › Slip rule
5. › Order not reflecting court's intention
6. › Whether court may set aside sealed order where court itself overlooked party's application
7. › Uniform Civil Procedure Rules 1999 (Qld), r 667(2)(d)

Quick Take

Where an insurer prosecutes an appeal as a test case on a matter of legal principle for the benefit of its business generally, indemnity costs may be ordered in favour of the successful respondent, particularly where the respondent is impecunious and the usual costs order would reduce damages awarded for serious losses. The slip rule power under r 667(2)(d) UCPR extends a fortiori to correct the Court's own oversight in failing to consider a party's application.