WorkCover Queensland v Asbestos Injuries Compensation Fund Ltd (No 2) [2025] NSWCA 29

WorkCover Queensland v Asbestos Injuries Compensation Fund Ltd (No 2) [2025] NSWCA 29

WorkCover Queensland's costs were appropriately payable by the trustee on the standard basis rather than the indemnity basis because, as a non-beneficiary with a commercial interest, its involvement (though proper and helpful) did not necessitate the trust incurring an additional set of indemnity costs, and the circumstances of the case (including the nature of the dispute, the party's interest, and the procedural developments) did not justify departure from the standard rule.

Parties
Appellant: WorkCover Queensland; First Respondent: Asbestos Injuries Compensation Fund Ltd as trustee for the Asbestos Injuries Compensation Fund; Second Respondent: Attorney-General (NSW); Third Respondent: James Hardie 117 Pty Ltd
Jurisdiction
Australia
Judgment Date
03 March 2025
Procedural Posture
Appeal / Costs Determination Following Successful Appeal
Outcome
First Respondent to pay WorkCover Queensland's costs on the standard basis, with specified exceptions; judicial advice as to payment of Amaca Pty Limited liability affirmed; no order as to costs for Second and Third Respondents.
Legal Topics
Costs in Equity Proceedings, Trustee Judicial Advice, Indemnity Vs Standard Basis Costs, Application of Re Buckton
Trusts Costs Costs in Equity Proceedings Trustee Judicial Advice Indemnity Vs Standard Basis Costs Application of Re Buckton

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

WorkCover Queensland

Appellant

Asbestos Injuries Compensation Fund Ltd as trustee for the Asbestos Injuries Compensation Fund

First Respondent

Attorney-General (NSW)

Second Respondent

James Hardie 117 Pty Ltd

Third Respondent

Procedural Posture

Appeal / Costs Determination Following Successful Appeal

Legal Issues

  1. 1 Whether WorkCover Queensland's costs should be paid from the trust fund on the indemnity or standard basis
  2. 2 Application of Re Buckton categories to non-beneficiary parties
  3. 3 Whether proceedings were adversarial for costs purposes

Ratio Decidendi

WorkCover Queensland's costs were appropriately payable by the trustee on the standard basis rather than the indemnity basis because, as a non-beneficiary with a commercial interest, its involvement (though proper and helpful) did not necessitate the trust incurring an additional set of indemnity costs, and the circumstances of the case (including the nature of the dispute, the party's interest, and the procedural developments) did not justify departure from the standard rule.

Court Disposition

First Respondent to pay WorkCover Queensland's costs on the standard basis, with specified exceptions; judicial advice as to payment of Amaca Pty Limited liability affirmed; no order as to costs for Second and Third Respondents.

Orders

  • The First Respondent is advised that it is justified in paying the whole of the liability of Amaca Pty Limited in respect of specified judgments including interest and costs.
  • The First Respondent pay the costs of the Appellant, WorkCover Queensland, in the Supreme Court and the Court of Appeal, assessed on a standard basis, excluding costs of the indemnity costs application.