Sekisui Rib Loc Australia Pty Ltd (ACN 008 040 800) v Rocla Pty Ltd (ACN 000 032 191) (No 2)

This matter concerned a dispute between Sekisui Rib Loc Australia Pty Ltd (SRLA), Rocla Pty Ltd (Rocla), and Plastream Pipe Technologies Pty Ltd (Plastream) regarding the terms of orders and costs following a previous decision. The dispute arose from various agreements entered into by the parties, including a business sale agreement (BSA) and ancillary documents such as a real property licence, a supply agreement, and a sub-licence. The central issues before the Full Court of the Supreme Court of South Australia were whether the Rocla Sub-licence ought to be rectified and what proportion of costs should be borne by Plastream to reflect its role in the trial and appeal.

The Court was required to determine whether rectification of ancillary documents was warranted and to allocate costs between the parties, specifically considering Plastream's contribution to the proceedings. This involved assessing the respective roles of Rocla and Plastream in the trial and on appeal to ensure a just and equitable distribution of costs.

The Court granted rectification of ancillary documents. In relation to costs, it ordered that Plastream bear 10 per cent of the costs, with Rocla bearing the remaining 90 per cent, reflecting their respective involvement in the trial and the appeal. SRLA was ordered to pay Rocla's costs relating to damages, the quantum of which was to be determined by a taxing Master.