CRAMPTON v AUSTRALlAN IRON AND STEEL PTY LTD [1995] NSWCA 106

CRAMPTON v AUSTRALlAN IRON AND STEEL PTY LTD [1995] NSWCA 106

The appeal was not regarded as hopeless; therefore, there are no special circumstances justifying a departure from the usual costs order and indemnity costs should be refused.

Parties
Claimant: Graeme Duncan Crampton; Opponent: Australian Iron and Steel Pty Ltd
Jurisdiction
Australia
Judgment Date
03 October 1995
Procedural Posture
Appeal / Post Appeal Costs Determination
Outcome
Application for indemnity costs refused; Notice of Motion dismissed; applicant to pay respondent's costs of the Notice of Motion.
Legal Topics
Costs—indemnity Costs, Appeal Grounds, Workers Compensation Appeals
Workers Compensation Civil Procedure Costs—indemnity Costs Appeal Grounds Workers Compensation Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Graeme Duncan Crampton

Claimant

Australian Iron and Steel Pty Ltd

Opponent

Procedural Posture

Appeal / Post Appeal Costs Determination

Legal Issues

  1. 1 Whether indemnity costs should be awarded against the appellant employer after unsuccessful appeal in workers compensation proceedings

Ratio Decidendi

The appeal was not regarded as hopeless; therefore, there are no special circumstances justifying a departure from the usual costs order and indemnity costs should be refused.

Court Disposition

Application for indemnity costs refused; Notice of Motion dismissed; applicant to pay respondent's costs of the Notice of Motion.

Orders

  • Notice of Motion filed by Graeme Duncan Crampton on 1 September 1995 be dismissed.
  • Graeme Duncan Crampton pay the costs of Australian Iron and Steel Pty Limited of the Notice of Motion.