Amaca Pty Ltd (ACN 000 035 512) Under NSW Administered Winding Up) v Harry Daines Pty Limited (ACN 000 683 205) [2011] NSWCA 317

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Amaca Pty Ltd (ACN 000 035 512) Under NSW Administered Winding Up) v Harry Daines Pty Limited (ACN 000 683 205) [2011] NSWCA 317 Hearing dates: 21 September 2011 Decision date: 30 September 2011 Before: Beazley JA at 1 Sackville AJA at 2 Decision: 1. Application for leave to appeal dismissed. 2. Applicant pay the Respondent's costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: COSTS - Dust Diseases Tribunal dismisses cross-claim by defendant after principal proceedings settled - whether Tribunal erred in refusing to order costs in favour of cross-claimant - relevance of settlement of principal claim in accordance with apportionment determination Legislation Cited: Dust Diseases Tribunal Act 1989 Law Reform (Miscellaneous Provisions) Act 1946

Dust Diseases Tribunal (Standard Presumptions - Apportionment) Order 2007

Dust Diseases Tribunal Regulation 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Power Technologies Pty Ltd v Energy Australia [2010] NSWCA 107 QBE Insurance (Australia) Ltd v Wallaby Grip Ltd [2007] NSWCA 43; 4 DDCR 331 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; 186 CLR 622 Category: Principal judgment Parties: Amaca Pty Ltd (ACN 000 035 512) (Under NSW Administered Winding Up) (Applicant) Harry Daines Pty Limited (CAN 000 683 205) (Respondent) Representation: Mr D J Russell SC (Applicant) Mr D Miller (Respondent) DLA Piper Australia (Applicant) Moray & Agnew (Respondent) File Number(s): 2011/157869 Publication restriction: No Decision under appeal Date of Decision: 2011-04-19 00:00:00 Before: O'Meally P File Number(s): 284/2010/1