NSW Caselaw
New South Wales Court of Appeal
CITATION: CSR LTD v AMACA PTY LTD (No 2) [2009] NSWCA 426
HEARING DATE(S): On the papers
JUDGMENT DATE: 23 December 2009
JUDGMENT OF: Allsop P at 1; Hodgson JA at 13; Basten JA at 1
DECISION: 1. Vary order 2(b) made on 19 October 2009 to "cross-claimant pay the costs of the cross-defendants of the proceedings in the Dust Diseases Tribunal on the cross-claim on a party/party basis up to 30 November 2007 and on an indemnity basis from 1 December 2007". 2. Each party should bear its own costs of the motion dated and filed 2 November 2009.
CATCHWORDS: COSTS - no question of principle
CATEGORY: Consequential orders
CSR Ltd v Amaca Pty Ltd [2009] NSWCA 338 CASES CITED: Ettingshausen v Australian Consolidated Press Limited (1995) 38 NSWLR 404 The Anderson Group Pty Ltd v Tynan Motors Pty Ltd (No 2) [2006] NSWCA 120; 67 NSWLR 706
CSR Ltd (First Appellant) PARTIES: Midalco Pty Ltd (Second Appellant) Amaca Pty Ltd (Respondent)
FILE NUMBER(S): CA 40315/2008
Ms JS Gleeson (First and Second Appellants) Mr J C Sheller (Respondent ) COUNSEL:
SOLICITORS: Colin Biggers & Paisley (First and Second Appellants) DLA Phillips Fox (Respondent )
LOWER COURT JURISDICTION: Dust Diseases Tribunal
LOWER COURT FILE NUMBER(S): DDT 238/2001/1
LOWER COURT JUDICIAL OFFICER: Curtis J
LOWER COURT DATE OF DECISION: 25 June 2008
LOWER COURT MEDIUM NEUTRAL CITATION: Amaca Pty Ltd v CSR Limited [2008] NSWDDT 18
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 40315/2008
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