Amaca Pty Limited v CSR Limited (Re: Anne Maree Peck) [2017] NSWDDT 12

Amaca Pty Limited v CSR Limited (Re: Anne Maree Peck) [2017] NSWDDT 12

Although the 30% contribution fixed by the Contributions Assessor did not necessarily reflect the precise proportion of defence costs attributable to CSR, referring the issue to costs assessment would impose disproportionate cost and delay, especially where there had been no trial record or exhibits and both parties had already accepted the 30% figure for the larger judgment sum and plaintiff's costs. Exercising the costs discretion under s 98 of the Civil Procedure Act 2005 consistently with the proportionality objective in s 60, the Tribunal ordered CSR to pay 30% of Amaca's defence costs.

Jurisdiction
Australia
Judgment Date
29 November 2017
Procedural Posture
Costs Determination in Dust Diseases Tribunal Cross Claim / On the Papers After Settlement of the Plaintiff's Claim and Cross Claim
Outcome
Amaca obtained orders requiring CSR to pay 30% of Amaca's defence costs and Amaca's costs of the cross-claim and of the determination of the defence costs issue.
Legal Topics
['contribution to Defence Costs' 'co Ordinate Liability as Partners' 'costs Discretion' 'proportionality of Costs Assessment' 'dust Diseases Tribunal Regulation Contribution Process']
['costs' 'civil Procedure' 'partnership' 'dust Diseases'] ['contribution to Defence Costs' 'co Ordinate Liability as Partners' 'costs Discretion' 'proportionality of Costs Assessment' 'dust Diseases Tribunal Regulation Contribution Process']

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Procedural Posture

Costs Determination in Dust Diseases Tribunal Cross Claim / On the Papers After Settlement of the Plaintiff's Claim and Cross Claim

Legal Issues

  1. 1 ["Whether CSR Limited should contribute to Amaca Pty Limited's costs of defending the plaintiff's claim." 'Whether the appropriate order was a fixed 30% contribution to defence costs or a costs assessment limited to costs attributable to partnership products.']

Ratio Decidendi

Although the 30% contribution fixed by the Contributions Assessor did not necessarily reflect the precise proportion of defence costs attributable to CSR, referring the issue to costs assessment would impose disproportionate cost and delay, especially where there had been no trial record or exhibits and both parties had already accepted the 30% figure for the larger judgment sum and plaintiff's costs. Exercising the costs discretion under s 98 of the Civil Procedure Act 2005 consistently with the proportionality objective in s 60, the Tribunal ordered CSR to pay 30% of Amaca's defence costs.

Court Disposition

Amaca obtained orders requiring CSR to pay 30% of Amaca's defence costs and Amaca's costs of the cross-claim and of the determination of the defence costs issue.

Orders

  • ["Order that the cross-defendant pay 30% of the cross-claimant's costs of defending the plaintiff's claim." "Order that the cross-defendant pay the cross-claimant's costs of the cross-claim." "Order that the cross-defendant pay the cross-claimant's costs of the determination of the issue of defence costs of the...