CSR Limited v Amaca Pty Limited (No 2) [2009] NSWCA 41

CSR Limited v Amaca Pty Limited (No 2) [2009] NSWCA 41

The costs of the hearing at first instance should be determined by the judge conducting the remitted hearing, as that judge will be better positioned to assess all relevant circumstances, including the impact of any offer of compromise or the outcome on the remitted issues, rather than this Court determining costs in the absence of all information.

Jurisdiction
Australia
Judgment Date
10 March 2009
Procedural Posture
Appeal / Consequential Orders Following Allowed Appeal and Remitter
Outcome
Order (4) of 3 December 2008 rescinded; new orders as specified.
Legal Topics
['costs' 'remittal of Proceedings' 'equitable Contribution' 'indemnity' 'offer of Compromise']
['civil Procedure'] ['costs' 'remittal of Proceedings' 'equitable Contribution' 'indemnity' 'offer of Compromise']

Case Brief

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Procedural Posture

Appeal / Consequential Orders Following Allowed Appeal and Remitter

Legal Issues

  1. 1 ['Whether costs of hearing at first instance should be determined now or after remitted hearing' 'Appropriate disposition of costs in light of bifurcated proceedings and an outstanding offer of compromise']

Ratio Decidendi

The costs of the hearing at first instance should be determined by the judge conducting the remitted hearing, as that judge will be better positioned to assess all relevant circumstances, including the impact of any offer of compromise or the outcome on the remitted issues, rather than this Court determining costs in the absence of all information.

Court Disposition

Order (4) of 3 December 2008 rescinded; new orders as specified.

Orders

  • ["Amaca pay CSR's costs of the appeal." 'The costs of the hearing at first instance be determined by the judge conducting the remitted hearing.' "Amaca pay CSR's costs of this notice of motion."]