Wallaby Grip Limited v State Rail Authority of New South Wales & Ors; James Hardie & Company Pty Limited v State Rail Authority of New South Wales & Ors [2001] NSWCA 412

Wallaby Grip Limited v State Rail Authority of New South Wales & Ors; James Hardie & Company Pty Limited v State Rail Authority of New South Wales & Ors [2001] NSWCA 412

The appeals did not improve the appellants' aggregate liability; as their arguments failed on the central issues, costs of the appeal are awarded to SRA and Ampol against the appellants. Apportionment of liability is set at two fifths to each appellant and one fifth to each respondent in respect of their respective claims. The costs of trial are left for determination by the trial judge.

Jurisdiction
Australia
Judgment Date
22 November 2001
Procedural Posture
Appeal / Determination of Formal Orders and Costs After Appeal Decision
Outcome
Appeal determined with substituted orders on liability apportionment and costs; trial costs reserved for determination below.
Legal Topics
['apportionment of Liability' 'costs of Appeal' 'remittal to Lower Court' 'contribution Among Tortfeasors']
['civil Procedure'] ['apportionment of Liability' 'costs of Appeal' 'remittal to Lower Court' 'contribution Among Tortfeasors']

Case Brief

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Procedural Posture

Appeal / Determination of Formal Orders and Costs After Appeal Decision

Legal Issues

  1. 1 ['Appropriate apportionment of liability between parties in contribution claims' 'Correct recipient and amount of costs orders on appeal' 'Whether costs at trial should be determined by the trial judge']

Ratio Decidendi

The appeals did not improve the appellants' aggregate liability; as their arguments failed on the central issues, costs of the appeal are awarded to SRA and Ampol against the appellants. Apportionment of liability is set at two fifths to each appellant and one fifth to each respondent in respect of their respective claims. The costs of trial are left for determination by the trial judge.

Court Disposition

Appeal determined with substituted orders on liability apportionment and costs; trial costs reserved for determination below.

Orders

  • ['Judgments for Ampol against WG and Hardie at first instance set aside.' 'Substituted judgments for Ampol against WG for $30,900 and against Hardie for $30,900, effective from the original judgment date.' "WG and Hardie to pay Ampol's costs of the appeals." 'Judgments for SRA against WG and Hardie at first instance...