Protec Pacific Pty Ltd v Steuler Services GmbH & Co KG [No 2]

Protec Pacific Pty Ltd brought proceedings against Steuler Services GmbH & Co KG for damages and other relief in relation to the supply of equipment for a power plant. The case was heard over two stages and was ultimately unsuccessful. Protec Pacific applied for leave to appeal against the orders relating to costs made by the primary judge. The court was required to decide whether the primary judge erred in not awarding costs of the first hearing to Protec Pacific who, although successful in the first hearing, ultimately failed in the case. The court also needed to determine whether the issues were dominant or separable, and the effect of the reversal of findings on appeal. Additionally, the court had to consider whether there was any error in the exercise of the judge's discretion in awarding indemnity costs.

The court found that the primary judge did not err in not awarding costs of the first hearing to Protec Pacific. The court found that the issues were not separable but were dominant, and that the reversal of findings on appeal did not affect the outcome of the costs decision. The court also found that there was no error in the exercise of the judge's discretion in awarding indemnity costs. The court noted that the primary judge had considered all relevant factors in making the decision, including the Calderbank offers made by both parties.

The court refused leave to appeal on the basis that there was no arguable error in the primary judge's decision on costs. The court found that the primary judge had exercised their discretion reasonably and had taken into account all relevant factors in making the decision. The court also noted that the issues raised by Protec Pacific were not sufficient to warrant an appeal.

No further orders were made by the court.