Admiral International Pty Ltd v Insurance Australia Ltd (No 2)

• 1. Costs
  2. › General rule that costs follow the event
  3. › Issue-based costs orders
  4. › Whether insurer's failure on exclusion clause defence entitled insured to costs despite failing on several sub-issues
  5. › Whether proving disputed facts relevant to unsuccessful defence constituted separable issue
  6. › Uniform Civil Procedure Rules 2005 (NSW), r 42.1
• 1. Costs
  2. › Successful party recovering less than claimed
  3. › Whether failure to recover substantial part of claim disentitled successful party to costs
  4. › Whether quantum issue was dominant or separable issue
  5. › Uniform Civil Procedure Rules 2005 (NSW), r 42.1
• 1. Costs
  2. › Indemnity costs
  3. › Notice to admit facts
  4. › Whether application for indemnity costs should have been made to primary judge
  5. › Uniform Civil Procedure Rules 2005 (NSW), r 42.8(2)
• 1. Insurance
  2. › Interest on unpaid claims
  3. › Unreasonable withholding of payment
  4. › Whether insurer who adopted incorrect position on liability unreasonably withheld payment
  5. › Insurance Contracts Act 1984 (Cth), s 57

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