In the matter of Asbestos Injuries Compensation Fund Limited (and WorkCover Queensland) (No 2) [2024] NSWSC 1238

In the matter of Asbestos Injuries Compensation Fund Limited (and WorkCover Queensland) (No 2) [2024] NSWSC 1238

The interested parties (WorkCover Queensland, Mr Davis, Mr Coveney) participated in the application as adversaries seeking personal benefit, and their submissions were unsuccessful and duplicative. In adversarial trust proceedings, unsuccessful parties are not generally entitled to recover their costs from the trust fund on an indemnity basis. The proper order is for WorkCover Queensland to pay the trustee's costs, and otherwise no order as to costs.

Parties
Plaintiff: Asbestos Injuries Compensation Fund Limited; Intervenor: Attorney-General (NSW); First Interested Party: Eric Coveney; Second Interested Party: Barry Davis; Third Interested Party: WorkCover Queensland; Fourth Interested Party: James Hardie 117 Pty Ltd
Jurisdiction
Australia
Judgment Date
03 October 2024
Procedural Posture
Application for Judicial Advice (trusts, Costs) / Post Judgment (costs Orders)
Outcome
WorkCover Queensland ordered to pay the plaintiff's costs; otherwise, no order as to costs.
Legal Topics
Judicial Advice to Trustee, Costs Orders, Trustee Indemnity, Adversarial Proceedings, Third Party Disputes
Equity Trusts Costs Judicial Advice to Trustee Costs Orders Trustee Indemnity Adversarial Proceedings Third Party Disputes

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Parties

Asbestos Injuries Compensation Fund Limited

Plaintiff

Attorney-General (NSW)

Intervenor

Eric Coveney

First Interested Party

Barry Davis

Second Interested Party

WorkCover Queensland

Third Interested Party

James Hardie 117 Pty Ltd

Fourth Interested Party

Procedural Posture

Application for Judicial Advice (trusts, Costs) / Post Judgment (costs Orders)

Legal Issues

  1. 1 Whether interested parties who are not beneficiaries are entitled to indemnity for costs from the trust fund in adversarial judicial advice proceedings
  2. 2 Proper principles for awarding costs among trustee and interested parties in the context of adversarial applications for judicial advice

Ratio Decidendi

The interested parties (WorkCover Queensland, Mr Davis, Mr Coveney) participated in the application as adversaries seeking personal benefit, and their submissions were unsuccessful and duplicative. In adversarial trust proceedings, unsuccessful parties are not generally entitled to recover their costs from the trust fund on an indemnity basis. The proper order is for WorkCover Queensland to pay the trustee's costs, and otherwise no order as to costs.

Court Disposition

WorkCover Queensland ordered to pay the plaintiff's costs; otherwise, no order as to costs.

Orders

  • Order WorkCover Queensland to pay the plaintiff's costs of the proceedings.
  • Otherwise make no order as to costs.