(Re: Moorhead) State Rail Authority of NSW v Amaca Pty Limited and Ors [2005] NSWDDT 57

(Re: Moorhead) State Rail Authority of NSW v Amaca Pty Limited and Ors [2005] NSWDDT 57

Because the applicant abandoned the motions before argument, the Tribunal could not be satisfied that the motions were a complete waste of time or that grounds for indemnity costs existed. The respondents were therefore entitled to party and party costs only, and the motions were dismissed.

Jurisdiction
Australia
Judgment Date
21 October 2005
Procedural Posture
Miscellaneous Matters Costs / Motions by a Cross Defendant Seeking Review of a Registrar's Order; Applicant Did Not Pursue the Motions
Outcome
Motions dismissed; party and party costs ordered; indemnity costs declined.
Legal Topics
['indemnity Costs' 'party and Party Costs' "review of Registrar's Order" 'cross Claims' 'dust Diseases Tribunal Act Amendments']
['civil Procedure' 'costs' 'dust Diseases Litigation'] ['indemnity Costs' 'party and Party Costs' "review of Registrar's Order" 'cross Claims' 'dust Diseases Tribunal Act Amendments']

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Procedural Posture

Miscellaneous Matters Costs / Motions by a Cross Defendant Seeking Review of a Registrar's Order; Applicant Did Not Pursue the Motions

Legal Issues

  1. 1 ["Whether the applicant's abandoned motions should be dismissed with an order for indemnity costs." 'Whether the respondents were entitled to party and party costs.' "Whether it was reasonable for costs to include senior counsel's fees on the basis of a single brief for two matters."]

Ratio Decidendi

Because the applicant abandoned the motions before argument, the Tribunal could not be satisfied that the motions were a complete waste of time or that grounds for indemnity costs existed. The respondents were therefore entitled to party and party costs only, and the motions were dismissed.

Court Disposition

Motions dismissed; party and party costs ordered; indemnity costs declined.

Orders

  • ['In each case the motion is dismissed.' "The applicant is to pay the respondent's costs." "For the benefit of the costs assessor, the Tribunal noted that it was reasonable for those costs to include counsel's fees for senior counsel on the basis of a single brief fee for the two matters." 'The Tribunal declined to...