BlueScope Steel Ltd v Cartwright (No 2) [2015] NSWCA 96

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: BlueScope Steel Ltd v Cartwright (No 2) [2015] NSWCA 96 Hearing dates: On the papers Date of orders: 14 April 2015 Decision date: 14 April 2015 Before: Beazley P; Ward JA; Emmett JA Decision: (1) Appeal allowed.

(2) Cross-appeal (filed by the second respondent) allowed.

(3) Second cross-appeal (filed by the first respondent) dismissed.

(4) The orders of Simpson J on 15 August 2013 be set aside, and, in lieu thereof, there be a verdict and judgment for the appellant and the second respondent.

(5) The first respondent pay the costs of the appellant and of the second respondent of the proceedings before Simpson J.

(6) The first and second respondents pay the appellant's costs of the appeal.

(7) The first respondent, if otherwise qualified, have a certificate under the Suitors' Fund Act 1951 (NSW).

(8) No order as to the costs of the cross-appeal or of the second cross-appeal. Catchwords: PROCEDURE – costs – whether the second respondent should be ordered to pay the costs of the successful appellant of the appeal, in circumstances where the second respondent was found not to be liable for the first respondent's injuries – whether the fact that the second respondent had sought to support the primary judge's findings on several issues should result in costs not following the event – Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: BlueScope v Cartwright [2015] NSWCA 25 Category: Costs Parties: BlueScope Steel Ltd (Appellant) Sydney Cartwright (First Respondent) Workers Compensation Nominal Insurer (Second Respondent) Representation: Counsel: D Talintyre with J Mack (Appellant) B Dooley SC with O Dinkha (First Respondent) J Dodd (Second Respondent)