Anderson v Canaccord Genuity Financial Ltd (No 2)

• 1. Judgments
  2. › Variation and setting aside of judgments
  3. › Application under UCPR r 36.16
  4. › Effect of partial settlements on judgments entered against multiple defendants
  5. › Rule against double recovery
  6. › Whether plaintiff's allocation of settlement monies to costs rather than judgment debt offends rule against double recovery
  7. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16
• 1. Judgments
  2. › Joint and several liability
  3. › Release of one joint obligor
  4. › Whether release of one judgment debtor discharges remaining judgment debtors
  5. › Implied abrogation of common law rule regarding release
  6. › Civil Procedure Act 2005 (NSW), s 95
• 1. Costs
  2. › Gross sum costs order
  3. › After-the-event insurance premiums
  4. › Whether ATE insurance costs are 'disbursements' or 'expenses' within meaning of 'costs'
  5. › Whether ATE costs recoverable as party/party costs
  6. › Civil Procedure Act 2005 (NSW), ss 3, 98
• 1. Costs
  2. › Gross sum costs order
  3. › Methodology and quantum
  4. › Whether sufficient material to make gross sum costs order
  5. › Appropriate discounts for solicitors' fees, counsel fees and disbursements
  6. › Whether costs disproportionate to recovery warranted departure from usual costs rule
  7. › Civil Procedure Act 2005 (NSW), s 98(4)

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