(re Smith, Daly, Allars, Bennett, Lewis, Payne, Derepas and Pajkovic) State of New South Wales v Amaca Pty Limited; Amaca Pty Limited v CSR Limited [2016] NSWDDT 3

(re Smith, Daly, Allars, Bennett, Lewis, Payne, Derepas and Pajkovic) State of New South Wales v Amaca Pty Limited; Amaca Pty Limited v CSR Limited [2016] NSWDDT 3

The percentages of liability between the State and Amaca apply to the net amount of the State’s liability to each underlying plaintiff (after deduction of recoveries from others), not the gross liability. Costs are to be determined as follows: where the relevant party did not materially improve its position compared to the CAD, indemnity costs are ordered in favour of the successful party; otherwise, costs follow the event on the ordinary basis as per s 98 of the Civil Procedure Act 2005.

Jurisdiction
Australia
Judgment Date
26 August 2016
Procedural Posture
Costs Assessment and Interpretation of Contribution Rulings Following Primary Judgment / Post Judgment, Determination of Ancillary Matters (costs, Interest, Clarification of Orders)
Outcome
Orders made for clarification of percentage liability, application of interest, and determination of costs on indemnity and ordinary bases as appropriate.
Legal Topics
['costs' 'contributions Assessment' 'apportionment of Liability' 'interest on Judgment Debts' 'interpretation of Rulings']
['civil Procedure' 'torts'] ['costs' 'contributions Assessment' 'apportionment of Liability' 'interest on Judgment Debts' 'interpretation of Rulings']

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Procedural Posture

Costs Assessment and Interpretation of Contribution Rulings Following Primary Judgment / Post Judgment, Determination of Ancillary Matters (costs, Interest, Clarification of Orders)

Legal Issues

  1. 1 ['Whether percentages of liability apply to the gross or net liability of the State to each underlying plaintiff' 'Whether the usual approach to interest should be adopted' 'How costs should be assessed and to whom they should be awarded based on the Dust Diseases Tribunal Regulation 2013 and the Civil Procedure Act 2005']

Ratio Decidendi

The percentages of liability between the State and Amaca apply to the net amount of the State’s liability to each underlying plaintiff (after deduction of recoveries from others), not the gross liability. Costs are to be determined as follows: where the relevant party did not materially improve its position compared to the CAD, indemnity costs are ordered in favour of the successful party; otherwise, costs follow the event on the ordinary basis as per s 98 of the Civil Procedure Act 2005.

Court Disposition

Orders made for clarification of percentage liability, application of interest, and determination of costs on indemnity and ordinary bases as appropriate.

Orders

  • ['Parties to bring in short minutes of order reflecting rulings in [364] and [365] of 20 May 2016, as explained by these reasons.' 'Short minutes to include orders in relation to interest.' "In the cases of Lewis, Pajkovic and Payne, Amaca is to pay the State's costs on an indemnity basis." "In the cases of Allars,...