WorkCover Queensland v Asbestos Injuries Compensation Fund Ltd (No 2)

In the Court of Appeal of New South Wales, WorkCover Queensland (the Appellant) sought to appeal a decision concerning the payment of costs by the Asbestos Injuries Compensation Fund Ltd (the First Respondent). The dispute arose from the First Respondent's liability for judgments obtained in the Dust Diseases Tribunal of New South Wales, specifically concerning judgments in favour of Eric Thomas Coveney and Barry Edward Davis. The central issue was whether the First Respondent was justified in paying the entirety of Amaca Pty Limited's liability, including pre and post-judgment interest and costs, in relation to these judgments.

The Court of Appeal was required to determine whether the First Respondent was justified in paying the whole of Amaca Pty Limited's liability for the judgments obtained in the Dust Diseases Tribunal, including interest and costs. A further question, implied by the catchwords but not explicitly detailed in the provided text, concerned the basis on which the First Respondent should pay the costs of the Appellant, WorkCover Queensland, in the proceedings before the Supreme Court and the Court of Appeal.

The Court advised that the First Respondent was justified in paying the whole of Amaca Pty Limited's liability in respect of the specified judgments. The Court further ordered that the First Respondent pay the costs of WorkCover Queensland in the Supreme Court and the Court of Appeal proceedings on a standard basis, excluding WorkCover Queensland's costs related to its application for indemnity costs. No orders were made as to the costs of the Second and Third Respondents.