Amaca Pty Ltd (ACN 000 035 512) Under NSW Administered Winding Up) v Harry Daines Pty Limited (ACN 000 683 205)

Amaca Pty Ltd (the applicant) sought leave to appeal from a decision of the Dust Diseases Tribunal of New South Wales, which had dismissed its cross-claim against Harry Daines Pty Limited (the respondent) and refused to order costs in favour of the applicant. The principal proceedings between the parties had been settled in accordance with an apportionment determination.

The central legal issue before the Court of Appeal was whether the Dust Diseases Tribunal had erred in law by refusing to award costs to the applicant in respect of its dismissed cross-claim, notwithstanding the settlement of the principal proceedings. The applicant contended that the Tribunal should have considered the merits of the cross-claim when determining the costs order.

The Court of Appeal held that the Tribunal had not erred in its approach. It reasoned that the Tribunal had a broad discretion to award costs, and that the settlement of the principal proceedings in accordance with an apportionment determination was a significant factor to be taken into account. The Tribunal was entitled to conclude that, in the circumstances, it was not appropriate to make an order for costs in favour of the applicant in relation to the cross-claim.

Consequently, the application for leave to appeal was dismissed, and the applicant was ordered to pay the respondent's costs.