(re McDonald) Amaca Pty Ltd v CSR Ltd (No 2) [2007] NSWDDT 31

Dust Diseases Tribunal of New South Wales

CITATION : (re McDonald) Amaca Pty Ltd v CSR Ltd (No 2) [2007] NSWDDT 31

PARTIES : Amaca Pty Ltd (Cross-Claimant) CSR Ltd (Cross-Defendant)

MATTER NUMBER(S) : 85/91/1; 90/91/1 of

JUDGMENT OF: O'Meally P

CATCHWORDS: Dust Diseases Tribunal :- Cross-Claim - Judgment for Cross-Claimant - Delay in prosecuting Cross-Claim - Claim for interest - Whether delay should reduce interest

CASES CITED: Kalls Enterprises Pty Ltd (in liquidation) & Ors v Baloglow and Anor (No 3) [2007] NSWCA 298; John Fairfax and Sons Ltd v Kelly (31 March 1987, unreported, BC8701464)

DATES OF HEARING: 11 December 2007

DATE OF JUDGMENT: 11 December 2007

EX TEMPORE JUDGMENT DATE : 11 December 2007

Mr J C Sheller instructed by Holman Webb appeared for the Cross-Claimant LEGAL REPRESENTATIVES: Mr F Corsaro, SC instructed by Toomey Pegg Drevikovsky appeared for the Cross-Defendant

JUDGMENT:

O'MEALLY P 1. On 14 September 2007 reasons were delivered in these cross-claims. It was declared that Amaca Pty Ltd (Amaca) was entitled to judgment and the parties were directed to bring in short minutes specifying the amount to be paid to Amaca, taking into account the opinion that the cost of bringing two witnesses from the United States to give evidence in the plaintiff's action should not be allowed. The parties have not yet handed up short minutes, but today I am required to arbitrate upon a claim for interest. It has now been agreed, however, that in each of the two cross-claims the judgment amount is $129,554.08. What remains in dispute is the amount of interest claimed by Amaca on the judgment sum in each of the two cases.