Dib v Amaca Pty Limited (No. 2) [2017] NSWDDT 9

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Dib v Amaca Pty Limited (No. 2) [2017] NSWDDT 9 Hearing dates: On the papers Date of orders: 10 October 2017 Decision date: 10 October 2017 Before: Judge D. Russell Decision: 1. Order the defendant to pay the plaintiff's costs assessed on a party and party basis up to and including 23 May 2017. 2. Order the defendant to pay the plaintiff's costs on an indemnity basis from and including 24 May 2017. 3. Order the defendant to pay the plaintiff's costs of the application for these orders. Catchwords: COSTS – Offer of Compromise Legislation Cited: Dust Diseases Tribunal Regulation 2013 Category: Costs Parties: Fred Dib (plaintiff) Amaca Pty Limited (formerly James Hardie & Coy Pty Ltd) (defendant) Representation: Counsel: P Semmler QC (plaintiff) S Tzouganatos (plaintiff) D Priestley SC (defendant) J Sheller (defendant)

Solicitors: Turner Freeman Lawyers (plaintiff) Mills Oakley (defendant) File Number(s): DDT 275/2016

Judgment ON COSTS

INTRODUCTION 1. The trial in this matter took place over seven days in late July and early August 2017. Judgment in favour the plaintiff for $553,538 plus costs was delivered on 22 August 2017. 2. Liberty was granted to either party who wished to seek a different costs order to apply, and the matter of costs was to be dealt with on the papers after consideration of the written submissions filed by both parties. Neither party requested the opportunity to make oral submissions. 3. The plaintiff seeks an order that the defendant pay costs on a party and party basis up to and including 23 May 2017 and thereafter on an indemnity basis. The plaintiff relies upon service of an Offer of Compromise dated 23 May 2017. 4. The defendant opposes such an order. The defendant seeks an order that the plaintiff pay the defendant the costs of an issue upon which the plaintiff lost, that being the plaintiff's claim for future economic loss being loss of the continuing receipt of the Commonwealth age pension.