Cost provisions test case

We acted for the insurer in the first case to test the extent to which the costs provisions contained with Section 156 of the Road Transport (Third Party Insurance) Act  applied prior to the commencement of proceedings. We had resolved a matter at compulsory conference, and attempted to invoke the restrictive costs provisions as we asserted that these applied at all stages of the matter. The plaintiff asserted however that the cost provisions only applied when awarded by the court. We relied upon extrinsic material to show the intention of the Act was to restrict costs at all stages. The court considered that the section of the Act was clear and there was no need to read in any extrinsic material. Therefore, the restrictive costs regime only applies after a decision by the court. (Furler v Haureliuk [2011] ACTSC 6)


Related Articles

WHEN IS A CTP INSURER PERMITTED TO ARGUE THAT IT HAS NO OBLIGATION TO INDEMNIFY A DEFENDANT?

Motor Vehicle Directions

Insurance Australia Limited v Dent [2019] NSWCA 134 On 7 June 2019, the NSW Court of Appeal handed down its decision…

Continue reading

MOTOR VEHICLE ACCIDENT – CAUSATION – CREDIBILITY

Motor Vehicle Directions

Mtsambiwa v Zagari [2019] WADC 154 (a decision of O’Neill DCJ) Background The accident The plaintiff was involved in a motor…

Continue reading

FAILURE TO GIVE NOTICE – SECTIONS 29 AND 29A – MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 (WA)

Motor Vehicle Directions

Howell v Smith [2018] WADC 125 Facts The plaintiff was involved in a motor vehicle accident in 2013. He made a…

Continue reading