ICT PTY LTD v SEA CONTAINERS LTD; BUQUEBUS INTERNATIONAL LTD v SEA CONTAINERS LTD [1995] NSWCA 205

ICT PTY LTD v SEA CONTAINERS LTD; BUQUEBUS INTERNATIONAL LTD v SEA CONTAINERS LTD [1995] NSWCA 205

The appellants did not secure a definition from the trial judge at an early stage as to whether the liability hearing should extend beyond the issue of fault to include damage, and there was no proof that the claim against BBI was irresponsible because of absence of proof of damage. The basis for awarding indemnity costs was not made out.

Parties
ICT Pty Ltd; Sea Containers Ltd; Appellant: Buquebus International Pty Ltd; Appellant: Buquebus Ltd; Appellant: Lopez Mena
Jurisdiction
Australia
Judgment Date
19 May 1995
Procedural Posture
Appeal / Costs Determination After Liability Trial
Outcome
Costs follow the event; application for indemnity costs refused.
Legal Topics
Costs, Tortious Interference With Contractual Relations, Separation of Issues
Civil Procedure Costs Tortious Interference With Contractual Relations Separation of Issues

Case Brief

Summary, issues, holding and outcome

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Parties

ICT Pty Ltd

Sea Containers Ltd

Buquebus International Pty Ltd

Appellant

Buquebus Ltd

Appellant

Lopez Mena

Appellant

Procedural Posture

Appeal / Costs Determination After Liability Trial

Legal Issues

  1. 1 Whether costs should be awarded on an indemnity basis to the appellants Buquebus Ltd and Lopez Mena in respect of the allegation of tortious interference with contractual relations.

Ratio Decidendi

The appellants did not secure a definition from the trial judge at an early stage as to whether the liability hearing should extend beyond the issue of fault to include damage, and there was no proof that the claim against BBI was irresponsible because of absence of proof of damage. The basis for awarding indemnity costs was not made out.

Court Disposition

Costs follow the event; application for indemnity costs refused.

Orders

  • Orders in accordance with the short minutes of order signed by counsel for all parties and initialled by Clarke JA.