David Dusko Tanevski v Trenwick International Limited & Ors

The appeal concerned a dispute between David Dusko Tanevski (appellants) and Trenwick International Limited (first respondent) and other parties. The primary issue revolved around the contravention of section 52 of the *Trade Practices Act 1974* (Cth) by the second respondent, and the subsequent allocation of costs between the parties.

The court was required to determine whether the second respondent contravened section 52 of the *Trade Practices Act 1974* (Cth) by issuing a Certificate of Currency on 22 April 1998 to the appellants. Furthermore, the court had to consider the appropriate basis for awarding costs, specifically whether costs should be ordered on a party/party or indemnity basis, and how these costs should be divided between the parties.

The court declared that the second respondent contravened section 52 of the *Trade Practices Act 1974* (Cth) by issuing the Certificate of Currency. The appeal was allowed, and the previous order made by Sorby DCJ on 12 September 2002 was set aside. Judgment was entered for the appellants against the first respondent for a specified amount, with interest. The first respondent was ordered to indemnify the appellants against costs they were liable to pay to the plaintiff and against all their costs and disbursements not unreasonably incurred in defending the plaintiff's claim. The issue of damages payable by the second respondent was reserved. The first respondent was ordered to pay the appellants' costs of the appeal and their costs of the proceedings at first instance relating to specific cross-claims. The second respondent was also ordered to pay the appellants' costs of the appeal and their costs of the proceedings at first instance relating to those same cross-claims.