(re Smith, Daly, Allars, Bennett, Lewis, Payne, Derepas and Pajkovic) State of New South Wales v Amaca Pty Limited; Amaca Pty Limited v CSR Limited [2016] NSWDDT 3

Dust Diseases Tribunal New South Wales Medium Neutral Citation: (re Smith, Daly, Allars, Bennett, Lewis, Payne, Derepas and Pajkovic) State of New South Wales v Amaca Pty Limited; Amaca Pty Limited v CSR Limited [2016] NSWDDT 3 Hearing dates: 12 August 2016 Date of orders: 26 August 2016 Decision date: 26 August 2016 Before: KEARNS J Decision: Parties are to bring in short minutes of order reflecting the rulings in [364] and [365] of my reasons of 20 May 2016, as explained by these reasons. The short minutes are to include orders in relation to interest. In the cases of Lewis, Pajkovic and Payne, Amaca is to pay the State's costs on an indemnity basis. In the cases of Allars, Bennett, Daly, Derepas and Smith, Amaca is to pay the State's costs on the ordinary basis. In the cases of Allars, Bennett, Daly, Lewis, Pajkovic and Payne, CSR is to pay Amaca's costs of its cross-claims on an indemnity basis. In the case of Smith, CSR is to pay Amaca's costs of its cross-claim on the ordinary basis. Catchwords: INTERPRETATION OF RULINGS IN PRIMARY JUDGMENT – whether percentages of liability apply to the gross liability of the State to each underlying plaintiff or the net liability of the State after recovery from other sources

INTEREST – whether the usual approach to interest should be adopted

COSTS – contributions assessment determination – Dust Diseases Tribunal Regulation 2013 cl 51(1), 56, 57 - whether cl 56(3) applies – whether Amaca and CSR materially improved their positions – Civil Procedure Act 2005 s 98 – whether costs should follow the event – what is the event Legislation Cited: Dust Diseases Tribunal Regulation 2013 Dust Diseases Tribunal Act 1989 Civil Procedure Act 2005 Cases Cited: [2016] NSWDDT 2; CSR Limited v Wallaby Grip Limited [2012] NSWCA 154 Sze Tu v Lowe (No.2) [2015] NSWCA 91 Category: Costs Parties: State of New South Wales, plaintiff/cross-claimant Amaca Pty Limited, first defendant/cross-claimant/first cross-defendant CSR Limited, cross-defendant Representation: Mr J L Maconachie QC with Mr J L Sharpe, instructed by Thompson Cooper Lawyers Pty Ltd, appeared for State of New South Wales Mr T G R Parker SC instructed by Mills Oakley appeared for Amaca Pty Limited Ms M Castle, instructed by Colin Biggers & Paisley appeared for CSR Limited File Number(s): 64/2013; 64/2013/1; 65/2013; 65/2013/1; 89/2013; 89/2013/1; 272/2013; 272/2013/1/126/2013/1; 126/2013/2; 419/2013/1; 419/2013/2; 246/2014/1; 334/2014/1; 334/2014/2