Grima v RFI (Aust) Pty Ltd [2014] NSWSC 14

Supreme Court New South Wales

Medium Neutral Citation: Grima v RFI (Aust) Pty Ltd [2014] NSWSC 14 Hearing dates: 18 September 2013 Decision date: 31 January 2014 Before: Harrison J Decision: Direct the parties to bring in short minutes of order giving effect to these reasons so as finally to dispose of all outstanding orders in the proceedings within seven days Catchwords: COSTS - whether Allied entitled to interest on the full amount of the statutory indemnity in light of a finding of 50 percent liability to Mr Grima for the purposes of s 151Z(2)(a) of the Workers Compensation Act - whether Allied entitled to costs on its cross-claim for the statutory indemnity beyond nominal costs such as filing fees - whether or not RFI should be limited to the payment of only 50 percent of the costs payable by it to Mr Grima - whether Allied is entitled to an order for costs on an indemnity basis thrown away or occasioned by reason of non-attendance of RFI's witness Legislation Cited: Civil Procedure Act 2005 Law Reform (Miscellaneous Provisions) Act 1946 Workers Compensation Act 1987 Cases Cited: Ace-Semi Trailer Sales Pty Ltd v Zurich Australia Insurance Ltd [2009] NSWCA 381 Australian Winch and Haulage Company Pty Ltd v Collins [2013] NSWCA 327 Collins v Sydney Ports [2012] NSWSC 1316 Estate of the Late M T Mutton by its Executors and R W Mutton t/as Mutton Bros v Howard Haulage Pty Ltd [2007] NSWCA 340 Howard Rotavator Pty Ltd v Wilson (1987) 8 NSWLR 498 James Hardy & Company v Wyong Shire Council [2000] NSWCA 107; (2000) 48 NSWLR 679 J Blackwood & Son v Skilled Engineering [2008] NSWCA 142 Kwanchi Pty Ltd v Kocsis (1996) 40 NSWLR 270 Maricic v Dalma Formwork (Aust) Pty Ltd (No 2) [2006] NSWCA 237; (2006) 67 NSWLR 712 Category: Procedural and other rulings Parties: Carmel Grima (Plaintiff) RFI (Aust) Pty Ltd (Defendant) Allied Overnight Express Pty Ltd (Cross-defendant) Representation: Counsel: P Hennessy SC with S Maybury (Plaintiff) M McCulloch SC with J Chapman (Defendant) J Guihot (Cross-defendant) Solicitors: Edwards Michael (Plaintiff) Walker Hedges & Co (Defendant) DLA Piper (Cross-defendant) File Number(s): 2011/201053 Publication restriction: Nil