Kingston Industries Pty Limited v Place Management NSW and CPB Contractors Pty Limited [2021] NSWDDT 3

Kingston Industries Pty Limited v Place Management NSW and CPB Contractors Pty Limited [2021] NSWDDT 3

Despite Kingston's technical success in obtaining judgment after acceptance of an offer, its failure to materially improve its position by only reducing its determined contribution by 3.81% is disentitling conduct. Costs do not follow the event in these circumstances and there will be no order as to the costs of the first cross-claim, but Kingston must pay the costs of the Notice of Motion.

Jurisdiction
Australia
Judgment Date
17 June 2021
Procedural Posture
Cross Claim in Dust Diseases Proceedings / Judgment After Acceptance of Offer of Compromise
Outcome
Judgment for the cross-claimant against first and second cross-defendant for $200,000; no order as to costs of the first cross-claim; cross-claimant to pay costs of the Notice of Motion.
Legal Topics
['costs Orders' 'offers of Compromise' 'contribution Between Defendants']
['civil Procedure' 'dust Diseases' 'costs'] ['costs Orders' 'offers of Compromise' 'contribution Between Defendants']

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Procedural Posture

Cross Claim in Dust Diseases Proceedings / Judgment After Acceptance of Offer of Compromise

Legal Issues

  1. 1 ['Whether costs should follow the event after acceptance of offer of compromise made under Dust Diseases Tribunal Regulation 2019' 'Whether cross-claimant materially improved position by challenging apportionment determination']

Ratio Decidendi

Despite Kingston's technical success in obtaining judgment after acceptance of an offer, its failure to materially improve its position by only reducing its determined contribution by 3.81% is disentitling conduct. Costs do not follow the event in these circumstances and there will be no order as to the costs of the first cross-claim, but Kingston must pay the costs of the Notice of Motion.

Court Disposition

Judgment for the cross-claimant against first and second cross-defendant for $200,000; no order as to costs of the first cross-claim; cross-claimant to pay costs of the Notice of Motion.

Orders

  • ['Judgment for the cross-claimant against the first and second cross-defendant in the sum of $200,000.' 'No order as to costs of the first cross-claim.' 'Cross-claimant to pay the costs of the Notice of Motion.']