Wallaby Grip Limited v State Rail Authority of New South Wales & Ors; James Hardie & Company Pty Limited v State Rail Authority of New South Wales & Ors

Wallaby Grip Limited and James Hardie & Company Pty Limited (the applicants) brought proceedings against the State Rail Authority of New South Wales and others (the respondents). The dispute concerned the determination of formal orders and costs following earlier substantive proceedings. The matter came before the Supreme Court of New South Wales.

The primary legal issue before the Court was the appropriate form of orders to be made and the allocation of costs arising from the concluded litigation between the parties. This involved considering the specific circumstances of the case and the relevant rules of court concerning costs.

The Court, having considered the submissions of the parties, made formal orders reflecting the outcome of the substantive proceedings. The Court also made orders regarding the costs of the proceedings, which were to be determined in accordance with the Court's discretion and the principles governing the award of costs in litigation. The specific details of these orders were set out in paragraph 16 of the judgment.