Country Energy v Amaca Pty Limited & Ors [2012] NSWDDT 2

Country Energy v Amaca Pty Limited & Ors [2012] NSWDDT 2

The court ordered that the defendants (AWI and CSR) must pay the assessed contributions and interim interest since no substantive arguments prevented such an order; in the absence of dispute as to calculation and liability (and no discretionary reason to refuse), interim interest and indemnity costs are appropriate.

Jurisdiction
Australia
Judgment Date
30 October 2012
Procedural Posture
Application for Contribution and Indemnity / Interlocutory/procedural Orders
Outcome
Orders made granting plaintiff payment of assessed contributions, interest, and indemnity costs against AWI and CSR.
Legal Topics
['assessment of Contributions' 'interim Payment of Interest' 'discretion as to Interest' 'indemnity Costs']
['civil Procedure' 'contribution/indemnity' 'interest'] ['assessment of Contributions' 'interim Payment of Interest' 'discretion as to Interest' 'indemnity Costs']

Case Brief

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Procedural Posture

Application for Contribution and Indemnity / Interlocutory/procedural Orders

Legal Issues

  1. 1 ['Whether the court should order defendants to pay assessed contributions' 'Whether interim payment of interest should be ordered' 'Whether costs should be awarded on an indemnity basis']

Ratio Decidendi

The court ordered that the defendants (AWI and CSR) must pay the assessed contributions and interim interest since no substantive arguments prevented such an order; in the absence of dispute as to calculation and liability (and no discretionary reason to refuse), interim interest and indemnity costs are appropriate.

Court Disposition

Orders made granting plaintiff payment of assessed contributions, interest, and indemnity costs against AWI and CSR.

Orders

  • ['AWI to pay plaintiff $26,809.35 as assessed contribution.' 'CSR and AWI to pay interim interest as claimed by the plaintiff.' 'CSR and AWI to pay the costs of the plaintiff on an indemnity basis.' 'CSR and AWI to make the payments sought by the plaintiff in the notice of motion.']