CSL Australia Pty Limited v Formosa (No 2) [2009] NSWCA 425

New South Wales Court of Appeal

CITATION: CSL Australia Pty Limited v Formosa (No 2) [2009] NSWCA 425

HEARING DATE(S): On the papers

JUDGMENT DATE: 23 December 2009

JUDGMENT OF: Allsop P at 1; Basten JA at 1; Handley AJA at 1

1. The order for costs made on 11 November 2009 should be varied by rescinding the order that the appellants pay 75 per cent of the costs of the respondent of the appeal and cross-appeal and in lieu thereof: DECISION: (a) order that the appellants pay the respondent's costs of the appeal on an ordinary basis up to 5 November 2008 and on indemnity basis thereafter; and (b) order that the cross-appellant/respondent pay the cross-respondents'/appellants' costs of the cross-appeal. 2. The appellants pay half of the respondent's costs of the motion.

CATCHWORDS: COSTS - no question of principle

LEGISLATION CITED: Uniform Civil Procedure Rules 2005 (NSW)

CATEGORY: Consequential orders

CASES CITED: Ettingshausen v Australian Consolidated Press Limited (1995) 38 NSWLR 404

CSL Australia Pty Ltd (First Appellant, First Cross Respondent on Cross Claim) PARTIES: Inco Ships Pty Ltd (Second Appellant, Second Cross Respondent on Cross Claim) John Paul Formosa (Respondent, Cross Appellant on Cross Claim)

FILE NUMBER(S): CA 40440/08

COUNSEL: R Sheldon (Appellants) H Kelly SC, T McKenzie (Respondent)

SOLICITORS: HWL Ebsworth (Appellant/Cross Respondent) Barry F Cosier & Associates (Respondent/Cross Appellant)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 73/2007

LOWER COURT JUDICIAL OFFICER: Delaney DCJ