Londos v Amaca Pty Limited (No. 2) [2017] NSWDDT 10

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Londos v Amaca Pty Limited (No. 2) [2017] NSWDDT 10 Hearing dates: On the papers Date of orders: 10 October 2017 Decision date: 10 October 2017 Before: Judge D. Russell Decision: 1. Vacate Order 2 made on 22 August 2017. 2. Order the plaintiff to pay the defendant's costs referable to the plaintiff's claim for the loss of the future receipt of the Commonwealth age pension. 3. Order the defendant to pay the plaintiff's costs of the balance of the issues. 4. Order that each party pay his or its own costs of the applications for costs orders. Catchwords: COSTS – Departure from ordinary rule that costs follow the event – Where successful party fails on discrete issue – Whether issue on which successful plaintiff failed was clearly severable or clearly dominant – Whether entitled to costs of the action. Legislation Cited: Dust Disease Tribunal Regulation 2013 Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Hughes v Western Australian Cricket Association (Inc) (1986) ATPR 40-748 Rosniak v Government Insurance Office (1997) 41 NSWLR 608 Sabah Yazgi v Permanent Custodians Limited (No. 2) [2007] NSWCA 306 Bostik Australia Pty Limited v Liddiard (No. 2) [2009] NSWCA 304 Turkmani v Visvalingam (No. 2) [2009] NSWCA 279 Monie v Commonwealth of Australia (No. 2) [2008] NSWCA 15 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)