Stavar v Caltex Refineries (Qld)Pty Ltd No 4 [2008] NSWDDT 28

Dust Diseases Tribunal of New South Wales

CITATION : Stavar v Caltex Refineries (Qld)Pty Ltd No 4 [2008] NSWDDT 28

Beverley Dawn Stavar (Plaintiff) Caltex Refineries (Qld) Pty Ltd (First Defendant) PARTIES : Amaca Pty Limited (Second Defendant) Wallaby Grip Limited (Third Defendant) Wallaby Grip (BAE) Pty Limited (Fourth Defendant) Wallaby Grip (NSW) Pty Limited (Fifth Defendant)

MATTER NUMBER(S) : 7349 of 2007

JUDGMENT OF: O'Meally P

CATCHWORDS: DUST DISEASES TRIBUNAL :- Costs - Contributions determination - Offer by one defendant to contribute determined proportion - Whether defendant entitled to costs from other defendants

LEGISLATION CITED: Dust Diseases Tribunal Regulation 2007 Uniform Civil Proceedure Rules

CASES CITED: Calderbank v Calderbank 1975 3 All ER 333

DATES OF HEARING: 1 October 2008

DATE OF JUDGMENT: 1 October 2008

EX TEMPORE JUDGMENT DATE : 1 October 2008

No appearance for the Plaintiff

LEGAL REPRESENTATIVES: G J Parker instructed by HWL Ebsworth appeared for the First Defendant J C Sheller instructed by DLA Phillips Fox appeared for the Second Defendant D J Russell SC instructed by Middletons appeared for the Third, Fourth and Fifth Defendants

JUDGMENT:

RULING O'MEALLY P 1. Mr Sheller on behalf of Amaca Pty Ltd (Amaca) seeks an order that the first defendant Caltex Refineries (Qld) Pty Ltd (Caltex) and the third, fourth and fifth defendants (the Wallaby Grip companies) and CSR Ltd (CSR) one of two cross-defendants in these proceedings (though the only cross-defendant to Mr Sheller's cross-claim), pay its costs of defending the plaintiff's proceedings. Earlier, Caltex unsuccessfully applied for an order that the second, third and fourth defendants pay its costs on the issues on which it successfully resisted the plaintiff's application for costs.