Comcare v Patrick Operations Pty Ltd & Anor [2006] NSWCA 151

Comcare v Patrick Operations Pty Ltd & Anor [2006] NSWCA 151

No reason shown to depart from the ordinary rule; the appellant failed to persuade the Court that an 'order otherwise' was warranted. The costs of the appeal are governed by the Rules, and the notice of motion was dismissed with costs.

Parties
Appellant: Comcare; First Respondent: Patrick Operations Pty Ltd; Second Respondent: Anshun Pty Ltd (formerly Patrick Stevedoring Co (Victoria) Pty Ltd)
Jurisdiction
Australia
Judgment Date
06 September 2006
Procedural Posture
Notice of Motion in Appeal / Costs Determination Following Discontinuance of Appeal
Outcome
Notice of motion dismissed with costs.
Legal Topics
Costs, Discontinuance of Appeal, Contribution, Indemnity
Civil Procedure Costs Discontinuance of Appeal Contribution Indemnity

Case Brief

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Parties

Comcare

Appellant

Patrick Operations Pty Ltd

First Respondent

Anshun Pty Ltd (formerly Patrick Stevedoring Co (Victoria) Pty Ltd)

Second Respondent

Procedural Posture

Notice of Motion in Appeal / Costs Determination Following Discontinuance of Appeal

Legal Issues

  1. 1 Whether the Court should order an 'order otherwise' regarding costs after discontinuance of appeal
  2. 2 Appropriate apportionment of liability and contribution in cross-claims arising from divisible damage

Ratio Decidendi

No reason shown to depart from the ordinary rule; the appellant failed to persuade the Court that an 'order otherwise' was warranted. The costs of the appeal are governed by the Rules, and the notice of motion was dismissed with costs.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • Notice of motion filed on 19 May 2006 dismissed with costs.