Hold up! Put up and shutter up
- Published 23.02.2016
Roberts v Westpac Banking Corporation [2015] ACTSC 397
Roberts v Westpac Banking Corporation [2015] ACTSC 397
On 3 February 2016, the NSW Court of Appeal delivered a judgment on an application for indemnity costs by a successful respondent to an appeal. The Court of Appeal found that an Offer of Compromise that amounted to a request for a “capitulation” when no evidence was brought of significant costs being incurred by the successful party prior to the offer did not warrant the making of an indemnity costs order.
In Ingram v QBE Insurance (Australia) Ltd (Human Rights) Member Dea of the Victorian Civil and Administrative Tribunal determined the application of an exception to the general principle that it is unlawful to discriminate. The Equal Opportunities Act 2010 (Vic) and the Disability Discrimination Act 1992 (Cth) allows insurers to lawfully discriminate if that discrimination is based on actuarial or statistical data.