BlueScope Steel Ltd v Cartwright (No 2)

In *BlueScope Steel Ltd v Cartwright (No 2)*, the Court of Appeal of New South Wales considered an appeal by BlueScope Steel Ltd (the appellant) against a decision of Simpson J, which had found the appellant liable for injuries sustained by the first respondent, Mr. Cartwright. The second respondent, who was also involved in the proceedings, was found not to be liable for Mr. Cartwright’s injuries. The appeal concerned the appropriate orders for costs, particularly whether the second respondent should bear the costs of the successful appellant, despite having supported the primary judge's findings on certain issues.

The central legal issue before the Court of Appeal was whether the general rule that costs follow the event should be departed from in relation to the second respondent. Specifically, the court had to determine if the second respondent's actions in supporting the primary judge's findings on several issues warranted an order that it should not pay the appellant's costs of the appeal, even though the appellant was successful. This involved an interpretation of Rule 42.1 of the *Uniform Civil Procedure Rules 2005* (NSW).

The Court of Appeal allowed the appeal, finding that the primary judge's decision regarding the appellant's liability was incorrect. The court also allowed the cross-appeal filed by the second respondent and dismissed the second cross-appeal filed by the first respondent. Consequently, the original verdict and judgment against the appellant were set aside, and a verdict and judgment were entered for both the appellant and the second respondent. The court ordered the first respondent to pay the costs of both the appellant and the second respondent for the proceedings before Simpson J, and for the first and second respondents to pay the appellant's costs of the appeal. A certificate under the *Suitors’ Fund Act 1951* (NSW) was granted to the first respondent. No orders were made as to the costs of the cross-appeal or the second cross-appeal.