Booksan Pty Ltd, Jaymay Constructions Pty Ltd v Wehbe, Elmir; GIO General Ltd and GIO Workers Compensation (NSW) Ltd v Wehbe, Elmir (No 2)

Booksan Pty Ltd and Jaymay Constructions Pty Ltd appealed to the New South Wales Court of Appeal against decisions made in proceedings brought by Mr Wehbe and Mr Elmir. GIO General Ltd and GIO Workers Compensation (NSW) Ltd were also involved in the appeals. The dispute concerned liability and indemnity issues arising from the original proceedings.

The Court of Appeal was required to determine the appropriate allocation of costs following the appeals. This included assessing the costs of Booksan and Jaymay in relation to their appeals, as well as the costs associated with the indemnity issues raised. The court also considered whether a successful appeal on an indemnity issue should impact the costs awarded at the trial level.

The court ordered that Mr Wehbe and Mr Elmir were to pay 20 per cent of the costs of Booksan and Jaymay in respect of certain parts of the appeals. GIO General was ordered to pay the costs of Jaymay in relation to another part of the appeals, and the costs of Booksan in separate appeals. GIOWC was ordered to pay the costs of Booksan in further appeals. The question of how Jaymay's successful appeal on the indemnity issue should affect the costs of the trial was remitted to the trial judge for determination.