Grima v RFI (Aust) Pty Ltd [2014] NSWSC 14

Grima v RFI (Aust) Pty Ltd [2014] NSWSC 14

Allied is entitled to interest on the full amount of the statutory indemnity, as the equal apportionment has been factored into the recovery judgment and does not affect the discretion to award interest. No order as to costs of the cross-claims should be made since both parties were necessary participants and the merits were equal. Allied is not liable to contribute to RFI’s liability for Mr Grima’s costs, as under the applicable regulation it would not have been ordered to pay costs if sued. RFI is to pay Allied’s costs occasioned by Mr Sulke’s non-attendance, but not on an indemnity basis.

Jurisdiction
Australia
Judgment Date
31 January 2014
Procedural Posture
Civil / Post Trial Cost/practical Orders
Outcome
Parties directed to bring in short minutes of order within seven days to finalise all outstanding orders in line with these reasons.
Legal Topics
['costs' 'statutory Indemnity' 'contribution Between Tortfeasors' 'interest on Judgments']
['civil Procedure' 'workers Compensation' 'tort Law'] ['costs' 'statutory Indemnity' 'contribution Between Tortfeasors' 'interest on Judgments']

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Procedural Posture

Civil / Post Trial Cost/practical Orders

Legal Issues

  1. 1 ['Is Allied entitled to interest on the full amount of the statutory indemnity given a 50% liability finding for Mr Grima under s 151Z(2)(a) Workers Compensation Act 1987?' 'Is Allied entitled to costs on its cross-claim for statutory indemnity beyond nominal costs?' 'Should RFI be limited to payment of only 50% of the costs payable to Mr Grima?' 'Is Allied entitled to an order for costs on an indemnity basis occasioned by non-attendance of RFI’s witness Mr Sulke?']

Ratio Decidendi

Allied is entitled to interest on the full amount of the statutory indemnity, as the equal apportionment has been factored into the recovery judgment and does not affect the discretion to award interest. No order as to costs of the cross-claims should be made since both parties were necessary participants and the merits were equal. Allied is not liable to contribute to RFI’s liability for Mr Grima’s costs, as under the applicable regulation it would not have been ordered to pay costs if sued. RFI is to pay Allied’s costs occasioned by Mr Sulke’s non-attendance, but not on an indemnity basis.

Court Disposition

Parties directed to bring in short minutes of order within seven days to finalise all outstanding orders in line with these reasons.

Orders

  • ['Allied entitled to interest on the full statutory indemnity.' 'No order as to costs of the cross-claims between Allied and RFI.' 'Allied not liable to contribute to any costs RFI may be ordered to pay Mr Grima.' "RFI to pay Allied's costs thrown away or occasioned by non-attendance of Mr Sulke, not on an indemnity...