Roseanne Cleary as the legal personal representative of the estate of the late Fortunato (aka Frank) Gatt v Amaca Pty Limited [2021] NSWDDT 7

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Roseanne Cleary as the legal personal representative of the estate of the late Fortunato (aka Frank) Gatt v Amaca Pty Limited [2021] NSWDDT 7 Hearing dates: 8 October 2021 Date of orders: 1 December 2021 Decision date: 01 December 2021 Before: Strathdee, J Decision: (1) I make an order in accordance with prayer 2 of the plaintiff's Notice of Motion filed 28 September 2021, with the following addition: # Defendant to pay plaintiff's costs on an ordinary basis up to and including 31 July 2020; and # Defendant to pay plaintiff's costs on an indemnity basis from 1 August 2020 to the conclusion of these proceedings, including this motion. (2) I make an order in accordance with prayer 5 of the defendant's Notice of Motion filed 17 September 2021 and dismiss all other orders sought. I further make no order with respect to the costs of this motion Catchwords: COSTS – indemnity costs – ordinary costs – discretion to award costs – power to impose personal costs orders – notice to be given APPEALS – stay awarded of primary judgment – whether a stay should be sought from the appellate court – monies becoming non-recoverable Legislation Cited: Civil Procedure Act 2005 (NSW) Dust Diseases Tribunal Regulation 2013 Cases Cited: Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Edwards and Ors v Endeavour Energy and Others; Precision Helicopters Pty Limited v Endeavour Energy and Ors; Endeavour Energy v Precision Helicopters Pty Limited and Anor (No. 1) [2012] NSWSC 1659 Hamod v State of New South Wales [2011] NSWCA 375 Harrison v Schipp [2001] NSWCA 13 King v Muriniti (2018) 97 NSWLR 991 Lemoto v Able Technical Pty Ltd (2005) 63 NSWLR Medcalf v Mardell [2003] 1 AC 120 Muriniti v Mercia Financial Solutions Pty Ltd [2021] NSWCA 180 Newell v De Costi [2018] NSWCA 49 Ridehalgh v Horsefield [1994] Ch 205 Oshlack v Richmond River Council (1998) 193 CLR 72 TCN Channel 9 Pty Ltd v Antoniadis (No 2) (1999) 48 NSWLR 381; [1999] NSWCA 104 Treadwell v Hickey [2010] NSWSC 119 Woolworths Ltd v Strong (No 2) (2011) 80 NSWLR 445; [2011] NSWCA 72 Category: Procedural rulings Parties: Roseanne Cleary as the legal personal representative of the estate of the late Fortunato (aka Frank) Gatt (Plaintiff) Amaca Pty Limited (Defendant) Representation: Counsel: Mr J Sharpe appeared for the Plaintiff Mr D Hooke SC appeared for the Defendant Mr D Lloyd SC and Mr Smith for Mr Simic