(Re Nicholson) Amaca Pty Ltd v Harry Daines Pty Ltd [2011] NSWDDT 3

Dust Diseases Tribunal New South Wales Medium Neutral Citation: (Re Nicholson) Amaca Pty Ltd v Harry Daines Pty Ltd [2011] NSWDDT 3 Hearing dates: 19 April 2011 Decision date: 19 April 2011 Before: O'Meally P Decision: Cross-Claim dismissed Catchwords: DUST DISEASES TRIBUNAL - Application for costs - Statement of Claim issued by plaintiff - Defendant issues cross-claim - Contribution determination - Cross-defendant accepts determination of Contributions Assessor - Plaintiff settles action with defendant - Order made that cross-defendant pay its assessed proportion of damages to plaintiff - Whether cross-claimant entitled to costs against cross-defendant in absence of judgment - Costs not awarded Legislation Cited: Dust Diseases Tribunal Regulation 2001 Dust Diseases Tribunal Regulation 2007 Dust Diseases Tribunal (Standard Presumptions - Apportionment) Order 2007 Law Reform (Miscellaneous Provisions) Act 1946 Uniform Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Re Minister for Immigration & Ethnic Affairs (Cth); Ex Parte Lai Qin [1997] HCA 6 Power Technologies Pty Ltd v Energy Australia [2010] NSWCA 107 (Re Olsen) Eraring Energy v Babcock Australia Pty Ltd [2006] NSWDDT 8 QBE Insurance (Australia) Ltd v Wallaby Grip Ltd and Ors (2007) NSWCA 43; 4 DDCR 331 Category: Procedural and other rulings Parties: Amaca Pty Ltd (Cross-Claimant Applicant) Harry Daines Pty Ltd (Cross-Defendant Respondent) Representation: Cross-Claimant Applicant - J C Sheller Cross Defendant Respondent - D T Miller Cross-Claimant Applicant- DLA Phillips Fox Cross-Defendant Respondent- Moray & Agnew File Number(s): 284/2010/1