NSW Caselaw
New South Wales Court of Appeal
CITATION: Comcare v Patrick Operations Pty Ltd & Anor [2006] NSWCA 151 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 25 May 2006
JUDGMENT DATE: 6 September 2006
JUDGMENT OF: Giles JA at 1; Ipp JA at 13; Tobias JA at 14
DECISION: Notice of motion filed on 19 May 2006 dismissed with costs.
CATCHWORDS: Costs - discontinuance of appeal - appellant to pay costs unless order otherwise - application for order otherwise - no reason shown for order otherwise - no question of principle.
CASES CITED: Patrick Operations Pty Ltd v Comcare [2006] NSWCA 142.
Comcare - Appellant PARTIES: Patrick Operations Pty Ltd - First Respondent Anshun Pty Ltd (formerly Patrick Stevedoring Co (Victoria) Pty Ltd) - Second Respondent
FILE NUMBER(S): CA 40668/05
COUNSEL: A J Sullivan QC & A C Scotting - Appellant I G Harrison SC & J A de Greenlaw - Respondents
SOLICITORS: Blake Dawson Waldron - Appellant McCulloch & Buggy - Respondents
LOWER COURT JURISDICTION: Dust Diseases Tribunal
LOWER COURT FILE NUMBER(S): DDT 102/03
LOWER COURT JUDICIAL OFFICER: Walker J
LOWER COURT DATE OF DECISION: 20 August 2004
LOWER COURT MEDIUM NEUTRAL CITATION: (DDT, 20 August 2004, unreported)
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40668/05 DDT 102/2003/1
GILES JA IPP JA TOBIAS JA
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