Power Technologies Pty Limited v State Insurance Regulatory Authority & Ors (No. 2); (Re: Peter Watson) [2018] NSWDDT 2

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Power Technologies Pty Limited v State Insurance Regulatory Authority & Ors (No. 2); (Re: Peter Watson) [2018] NSWDDT 2 Hearing dates: On the papers Date of orders: 16 February 2018 Decision date: 16 February 2018 Before: Judge D. Russell Decision: (1) Order the cross-claimant to pay the costs of the first and second cross-defendants of the Amended Second Cross-Claim. (2) No order as to the costs of the third cross-defendant. (3) Order the fourth cross-defendant to pay the cross-claimant's costs of the Amended Second Cross-Claim. (4) Order the cross-claimant to pay the costs of the fourth cross-defendant of the determination of outstanding costs issues. Catchwords: COSTS – application by cross-claimant for Bullock order against a cross-defendant – principles governing entitlement to Bullock orders – cross-claimant must show that it was reasonable to sue the successful cross-defendant – cross-claimant must show that the conduct of the unsuccessful cross-defendant makes it fair to impose liability on it for costs of the successful cross-defendant – whether there was anything said or done by the unsuccessful cross-defendant which led the cross-claimant to sue the successful cross-defendant. Legislation Cited: Workers Compensation Act 1987 Cases Cited: Gould v Vaggelas 157 CLR 215 Steppke v National Capital Development Commission (1978) 21 ACTR 23 CGU Insurance Ltd v AAI Ltd [2016] NSWCA 335 Category: Costs Parties: Power Technologies Pty Limited (cross-claimant) State Insurance Regulatory Authority (first cross-defendant) AAI Limited (second cross-defendant) Allianz Australia Insurance Limited (third cross-defendant) Allianz Australia Workers Compensation (NSW) Limited (fourth cross-defendant) Representation: Counsel: P. Webb QC (cross-claimant) D. Hooke SC (first cross-defendant) J. Sharpe (second cross-defendant) J. McIntyre SC (third cross-defendant) J. McIntyre SC (fourth cross-defendant)