MacDIARMID INDUSTRIAL SERVICES PTY LTD v LEMON; LEMON v FRISINA [1996] NSWCA 378

MacDIARMID INDUSTRIAL SERVICES PTY LTD v LEMON; LEMON v FRISINA [1996] NSWCA 378

Given the defensive nature and reasonableness of the plaintiff Lemon's appeal in the motor vehicle proceedings, indemnity costs should not be ordered, and the company should not be ordered to bear costs on the Bullock analogy.

Parties
Defendant/appellant in Industrial Accident Appeal: MacDIARMID INDUSTRIAL SERVICES PTY LTD; Plaintiff/appellant in Motor Vehicle Appeal; Respondent in Industrial Accident Appeal: Lemon; Defendant/respondent in Motor Vehicle Appeal: Frisina
Jurisdiction
Australia
Judgment Date
09 May 1996
Procedural Posture
Appeal and Motions Regarding Costs Following Trial of Consolidated Proceedings (motor Vehicle Accident and Industrial Accident Claims) / Post Appeal, Determination of Costs Motions
Outcome
Both notices of motion (for indemnity and Bullock order) dismissed with costs; earlier costs orders on other aspects made by consent.
Legal Topics
Costs Orders, Indemnity Costs, Bullock Orders, Apportionment of Liability
Civil Procedure Personal Injury Costs Orders Indemnity Costs Bullock Orders Apportionment of Liability

Case Brief

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Parties

MacDIARMID INDUSTRIAL SERVICES PTY LTD

Defendant/appellant in Industrial Accident Appeal

Lemon

Plaintiff/appellant in Motor Vehicle Appeal; Respondent in Industrial Accident Appeal

Frisina

Defendant/respondent in Motor Vehicle Appeal

Procedural Posture

Appeal and Motions Regarding Costs Following Trial of Consolidated Proceedings (motor Vehicle Accident and Industrial Accident Claims) / Post Appeal, Determination of Costs Motions

Legal Issues

  1. 1 Whether indemnity costs should be ordered in the motor vehicle appeal for respondent Frisina
  2. 2 Whether a Bullock-type order should require the company (MacDIARMID) to indemnify Lemon for costs payable to Frisina
  3. 3 Whether the costs orders made on 2 April 1996 should be varied

Ratio Decidendi

Given the defensive nature and reasonableness of the plaintiff Lemon's appeal in the motor vehicle proceedings, indemnity costs should not be ordered, and the company should not be ordered to bear costs on the Bullock analogy.

Court Disposition

Both notices of motion (for indemnity and Bullock order) dismissed with costs; earlier costs orders on other aspects made by consent.

Orders

  • Notice of motion for indemnity costs in motor vehicle appeal dismissed.
  • Notice of motion for Bullock order (order 4 of the company’s motion) dismissed.