NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : Stavar v Caltex Refineries (Qld)Pty Ltd No 3 [2008] NSWDDT 27
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 - Defendant succeeds on one issue - Whether other defendants should pay costs of defendant on that issue - Contributions determination - Offer by defendant to contribute determined proportion - Whether defendant entitled to costs from other defendants
LEGISLATION CITED: Dust Diseases Tribunal Regulation 2007
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. Yesterday orders were made requiring the first defendant to pay the plaintiff's costs of litigating the issues determined in her favour. Of those costs, some are to be paid on an ordinary basis and some on an indemnity basis. If not agreed, the costs are to be assessed.
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