CSR Ltd v Amaca Pty Ltd (No 2)

CSR Ltd and Amaca Pty Ltd were parties to proceedings in the Dust Diseases Tribunal concerning claims for damages arising from asbestos exposure. The dispute before the Court of Appeal of New South Wales, constituted by Allsop P, Hodgson and Basten JJA, related to the costs orders made in the Tribunal.

The primary legal issue before the Court of Appeal was whether the costs order made by the primary judge in the Dust Diseases Tribunal, which had awarded costs on a party/party basis up to 30 November 2007 and on an indemnity basis thereafter, was appropriate. The court was also required to determine the costs of a subsequent motion filed by one of the parties.

The Court of Appeal varied the costs order concerning the cross-claim. It held that the cross-claimant should pay the costs of the cross-defendants of the proceedings in the Dust Diseases Tribunal on the cross-claim on a party/party basis up to 30 November 2007 and on an indemnity basis from 1 December 2007. This variation reflected the court's assessment of the appropriate basis for awarding costs in light of the circumstances of the litigation.

In relation to the motion dated 2 November 2009, the Court of Appeal ordered that each party should bear its own costs.