CSR Limited v Amaca Pty Limited (No 2)

The parties to this proceeding were CSR Limited and Amaca Pty Limited. The dispute concerned the costs of a hearing at first instance, following an appeal and subsequent remission of the matter for further determination on an issue not yet litigated. The Court of Appeal of New South Wales was required to consider the appropriate orders regarding these costs, particularly in light of an outstanding Calderbank offer.

The primary legal issue before the Court of Appeal was how to allocate the costs of the initial hearing, given that the proceedings had been remitted for further consideration of a specific issue. The court also had to determine the costs of the appeal itself and a related notice of motion.

The Court of Appeal rescinded a previous order concerning costs and substituted new orders. It ordered that Amaca pay CSR's costs of the appeal and the costs of the notice of motion. Crucially, the court directed that the costs of the hearing at first instance were to be determined by the judge who would conduct the remitted hearing, thereby deferring that specific cost determination to the subsequent proceedings.