CIC WORKERS COMPENSATION (NSW) LTD v KELLOGG (AUSTRALIA) PTY LTD [1998] NSWCA 59

CIC WORKERS COMPENSATION (NSW) LID v KELLOGG (AUSTRALIA) PTY LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, MEAGHER and BEAZLEY JJA 23 July and 5 September 1996, 30 July 1998

[1998] NSWCA 59

Priestley, Meagher And Beazley JJA When judgment dismissing this appeal was delivered no costs orders were made, for reasons then given. It was ordered that any party wishing to make submissions about costs should file a written note of its arguments within fourteen days.

Some, but not all, of the parties afterwards filed notes of their arguments on costs accordingly. Amongst the submissions filed, those of the second respondent (NEM), dated 5 December 1996, were the fullest. In the court's opinion they were also generally accurate and sound. The court therefore adopts them, and makes the costs order contended for by NEM: The Appellant is to pay the costs of the Respondents of the Appeal and of the cross-claim before his Honour Judge Johns.

Appellant to pay the costs of the respondents of the Appeal and of the cross-claim.

Counsel for the appellant: J D Hislop QC D Parker Solicitors for the appellant: P V Mccullock & Buggy Counsel for the respondent: (2) J West SC/MS D G Stewart Solicitors for the respondent: (2) Hunt & Hunt

Counsel for the respondent: (3)C Hoesen

Solicitors for the respondent: (3) Landerer & Co

Counsel for the respondent: (4) M Cranitch SC

Solicitors for the respondent: (4) Sparke Helmore

Counsel for the respondent: (5) G R Petty

Solicitors for the respondent: (5) A R Ellison