Baden Cranes Pty Ltd v Smith; Brambles Australia Ltd v Smith (No 2) [2013] NSWCA 218

Baden Cranes Pty Ltd v Smith; Brambles Australia Ltd v Smith (No 2) [2013] NSWCA 218

The recalculation of damages and cross-claims was required following reapportionment of liability on appeal from the trial judge. Costs on appeal were ordered in favour of the plaintiff against both Baden and Brambles, reflecting his success on liability, and inter-defendant costs were apportioned in accordance with active participation and outcome in each appeal. Credit for compensation already received was mandated by statute.

Jurisdiction
Australia
Judgment Date
17 July 2013
Procedural Posture
Appeal / Costs and Consequential Orders Following Disposition of Appeals
Outcome
Orders of Schmidt J (9 December 2011) set aside (save as to specified orders); new judgment entered recalculating awards and cross-claims and dealing with statutory compensation; costs orders made for appeal.
Legal Topics
['costs on Appeal' 'apportionment of Liability' 'negligence' 'damages' 'workers Compensation Subrogation']
['torts' 'personal Injury' 'civil Procedure'] ['costs on Appeal' 'apportionment of Liability' 'negligence' 'damages' 'workers Compensation Subrogation']

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Procedural Posture

Appeal / Costs and Consequential Orders Following Disposition of Appeals

Legal Issues

  1. 1 ['Appropriate recalculation of damages and cross-claims following reapportionment of liability on appeal' 'Entitlement to and apportionment of costs on appeal among multiple defendants' "Deduction and payment of workers' compensation received under Workers Compensation Act 1987 (NSW)"]

Ratio Decidendi

The recalculation of damages and cross-claims was required following reapportionment of liability on appeal from the trial judge. Costs on appeal were ordered in favour of the plaintiff against both Baden and Brambles, reflecting his success on liability, and inter-defendant costs were apportioned in accordance with active participation and outcome in each appeal. Credit for compensation already received was mandated by statute.

Court Disposition

Orders of Schmidt J (9 December 2011) set aside (save as to specified orders); new judgment entered recalculating awards and cross-claims and dealing with statutory compensation; costs orders made for appeal.

Orders

  • ['Orders made by Schmidt J on 9 December 2011, save for orders 4, 9 and 17 (dealing with trial costs), set aside.' 'Judgment for the plaintiff: (i) against Brambles in $704,558; (ii) against Baden in $704,558; (iii) against Gillespies in $520,786.' 'Judgment for Brambles on cross-claims: (a) against Baden for...