NSW Caselaw
Reported Decision : 67 NSWLR 712
New South Wales Court of Appeal
CITATION: MARICIC v DALMA FORMWORK (AUSTRALIA) PTY LTD & ANOR (NO. 2) [2006] NSWCA 237
HEARING DATE(S): 16 June 2006
JUDGMENT DATE: 28 August 2006
JUDGMENT OF: Beazley JA at 1; Ipp JA at 2; Basten JA at 7
DECISION: Amend the orders made by this Court on 30 June 2006 by adding the following order:; (5A) Order the Appellant to pay to the Respondents the cross-respondent's costs of the cross-appeal from 14 May 2006.
CATCHWORDS: COSTS – offers of compromise – appeal successful – issue of damages remitted to District Court – offers of compromise made during trial and appeal – whether Uniform Civil Procedure Rules 2005, r 20.26 applied – whether there should be a costs order for the appeal prior to the assessment of damages where offers have been made - COSTS – Bullock Order – Workers Compensation Act 1987, s 151H - appellant did not proceed against employer – concession that appellant could not establish the minimum 15% permanent impairment only forthcoming on appeal – whether reasonable for respondent to pursue cross-claim against employer in the absence of such concession – whether successful appellant should pay costs incurred by unsuccessful respondents in unsuccessfully joining the employer
Civil Procedure Act 2005 (NSW), s 56 LEGISLATION CITED: Uniform Civil Procedure Rules 2005, r 20.26, r 42.15, Part 51, r2, r3 Workers Compensation Act 1987 (NSW), ss 151C, 151D, 151H, 151Z Workers Compensation Legislation Further Amendment Act 2001 (NSW), s 2 and Schedule 4, item [14]
Anderson Group Pty Ltd v Tynan Motors Pty Ltd [No. 2] [2006] NSWCA 120 Edgington v Clark [1964] 1 QB 367 Maitland Hospital v Fisher (No. 2) (1992) 27 NSWLR 721 CASES CITED: Roads and Traffic Authority of NSW v Palmer (No. 2) [2005] NSWCA 140 State of New South Wales v Burton [No. 2] [2006] NSWCA 43 Suresh v Jacon Industries Pty Ltd (No. 2) [2005] NSWCA 270 Sved v Council of the Municipality of Woollahra (1998) NSW Con R 55-852
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate