NSW Caselaw
New South Wales Court of Appeal
CITATION: CSR Limited v Amaca Pty Limited (No 2) [2009] NSWCA 41
HEARING DATE(S): On the papers
JUDGMENT DATE: 10 March 2009
JUDGMENT OF: Beazley JA at 1; Giles JA at 1; at 1
The Court rescinds order (4) made on 3 December 2008 and in lieu thereof makes the following orders: DECISION: 1. Amaca pay CSR's costs of the appeal; 2. The costs of the hearing at first instance be determined by the judge conducting the remitted hearing; 3. Amaca pay CSR's costs of this notice of motion.
CATCHWORDS: COSTS - proceedings remitted for further hearing on issue not yet litigated- outstanding Calderbank offer- judge on remitter to determine costs of hearing at first instance
LEGISLATION CITED: Law Reform (Miscellaneous Provisions) Act 1946, s 5
CATEGORY: Consequential orders
PARTIES: CSR Limited (Appellant) Amaca Pty Limited (Respondent)
FILE NUMBER(S): CA 40664/07
COUNSEL: F Corsaro SC; B Bradley (Appellant) GM Watson SC; JC Sheller (Respondent)
SOLICITORS: Leigh Virtue & Associates (Appellant) DLA Phillips Fox (Respondent)
LOWER COURT JURISDICTION: Dust Diseases Tribunal of New South Wales
LOWER COURT FILE NUMBER(S): 35/1997/4
LOWER COURT JUDICIAL OFFICER: O'Meally P
LOWER COURT DATE OF DECISION: 8 August 2007
LOWER COURT MEDIUM NEUTRAL CITATION: (Re Jones-Mashman) Amaca PL v CSR Ltd [2007] NSWDDT 17
- 5 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40664/07
BEAZLEY JA GILES JA YOUNG CJ in EQ
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