Ace-Semi Trailer Sales Pty Ltd v Zurich Australia Insurance Ltd [2009] NSWCA 381

New South Wales Court of Appeal

CITATION: Ace-Semi Trailer Sales Pty Ltd v Zurich Australia Insurance Ltd [2009] NSWCA 381 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 28 September 2009

JUDGMENT DATE: 9 December 2009

JUDGMENT OF: Hodgson JA at 1; Basten JA at 36; Macfarlan JA at 86

(1) Grant the applicant leave to appeal with respect to: (a) order (4) in proceedings 20282/2006; (b) order (6) in proceedings 20282/2006, and DECISION: (c) order (2) in proceedings 20214/2007. (2) In relation to order (4) referred to in par (a) above, set aside the order made by the trial judge. (3) Otherwise dismiss the appeal. (4) Order the applicant to pay 1/3rd of the respondent's costs in this Court.

CATCHWORDS: COSTS - proceedings involving s 151Z Workers Compensation Act 1987 - appropriate costs orders on cross-claim by third party against employer for joint tortfeasor contribution - whether third party entitled to costs of cross-claim - whether cross defendant employer should contribute to costs payable by third party to worker - whether Offer of Compromise entitled employer to costs on indemnity basis in separate proceedings brought against third party for indemnity in respect of workers compensation payments made to worker

Civil Procedure Act 2005 Law Reform (Miscellaneous Provisions) Act 1946 Supreme Court Act 1970 LEGISLATION CITED: Uniform Civil Procedure Rules 2005 Workers Compensation Act 1987 Workers Compensation Regulation 2003 Workplace Injury Management and Workers Compensation Act 1998