In the matter of Asbestos Injuries Compensation Fund Limited (and WorkCover Queensland) (No 2) [2024] NSWSC 1238

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Asbestos Injuries Compensation Fund Limited (and WorkCover Queensland) (No 2) [2024] NSWSC 1238 Hearing dates: On the papers, last submission 27 September 2024. Date of orders: 3 October 2024 Decision date: 03 October 2024 Jurisdiction: Equity - Expedition List Before: Rees J Decision: Cost orders made. Catchwords: COSTS – trustee seeks judicial advice – interested parties granted leave to appear – adversarial proceedings – whether interested parties entitled to be indemnified from trust fund – principles at [20]-[29] – repetition of arguments by multiple counsel – trustee's submissions accepted – costs of interested parties unquantified despite request from the Court – requirement of interested parties to act reasonably, including avoiding duplication. Legislation Cited: James Hardie Former Subsidiaries (Winding Up and Administration) Act 2005 (NSW) Workers' Compensation and Rehabilitation Act 2003 (Qld) Cases Cited: Armet v Browne [2024] WASCA 44 Bale v Mills (2011) 81 NSWLR 498; [2011] NSWCA 226 BE Australia WD Pty Ltd v Sutton (2011) 82 NSWLR 336 Bull v Lee (No 2) [2009] NSWCA 362 Carr v Finance Corporation of Australia Ltd (No 1) (1981) 147 CLR 246 Dybac v Czerwaniw [2022] NSWSC 1484 Hughes v NM Superannuation Pty Ltd & Anor (1993) 29 NSWLR 653 Huynh v Attorney General (NSW) (2021) 107 NSWLR 75 In the matter of All Class Insurance Brokers Pty Ltd (in liq); Vardy v Westpac Banking Corp [2014] NSWSC 475 In the matter of Asbestos Injuries Compensation Fund Limited (and WorkCover Queensland) [2024] NSWSC 1163 In the matter of BBY Ltd (receivers and managers apptd) (in liq) (No 3) [2018] NSWSC 1718 In the matter of Perpetual Investment Management Ltd (as responsible entity for Perpetual's Monthly Income Fund and Perpetual's Wholesale Monthly Income Fund) [2011] NSWSC 615 Morelli (liquidator), in the matter of FW Projects Pty Limited (in liq) v White Hills Pty Ltd (No 2) [2024] FCA 955 Preston, in the matter of Sandalwood Properties Ltd (No 2) [2018] FCA 816 Re Asbestos Injuries Compensation Fund Ltd (as Trustee for the Asbestos Injuries Compensation Fund) [2018] NSWSC 589 Re Buckton [1907] 2 Ch 406 Re Estate Late Chow Cho-Poon; Application for Judicial Advice [2013] NSWSC 844 Reeves v Reeves (No 2) [2024] NSWSC 386 Sons of Gwalia Ltd v Margaretic (2006) 232 ALR 119; [2006] FCAFC 92 Texts Cited: Lynton Tucker, Nicholas Le Poidevin KC, James Brightwell, Lewin on Trusts (20th ed, 2023, Law Book Co) Category: Costs Parties: Asbestos Injuries Compensation Fund Limited (Plaintiff) Attorney-General (NSW) (Intervenor) Eric Coveney (First Interested Party) Barry Davis (Second Interested Party) WorkCover Queensland (Third Interested Party) James Hardie 117 Pty Ltd (Fourth Interested Party) Representation: Counsel: P Brereton SC/C Tran (Plaintiff) D Hume (Intervenor) B Walker SC/A Giurtalis (First Interested Party) S Robertson SC/S Tzouganatos (Second Interested Party) D Campbell KC/K Holyoak (Third Interested Party) J Lockhart SC/M Gvozdenovic (Fourth Interested Party)