Michael Alan WILSON v STATE RAIL AUTHORITY OF NEW SOUTH WALES & Anor [2009] NSWSC 1455

Michael Alan WILSON v STATE RAIL AUTHORITY OF NEW SOUTH WALES & Anor [2009] NSWSC 1455

The plaintiff's claim fell within the definition of work injury damages in s 250 of the Workplace Injury Management and Workers Compensation Act 1998, and the proceedings heard were not ancillary because the motion resulted in the final disposition of the proceedings. Costs were therefore governed by s 346 of the Workplace Injury Management and Workers Compensation Act 1998 and the relevant clauses of the Workers Compensation Regulation 2003. Clause 90(2) did not apply because there had been no finding that the insurer had no liability for the claim; the proceedings were dismissed for non-compliance with a mandatory procedural provision. Accordingly, cl 91 applied and the plaintiff and...

Jurisdiction
Australia
Judgment Date
22 December 2009
Procedural Posture
Consequential Costs Orders in Proceedings for Damages for Work Related Injury / Written Submissions After Proceedings Against the First Defendant Were Dismissed
Outcome
Plaintiff and first defendant to pay their own costs.
Legal Topics
['costs in Work Injury Damages Proceedings' 'effect of Workplace Injury Management and Workers Compensation Act 1998 and Workers Compensation Regulation 2003 on Costs Discretion' 'ancillary Proceedings' 'procedural Requirements for Work Injury Damages Claims']
['costs' 'workers Compensation' 'civil Procedure'] ['costs in Work Injury Damages Proceedings' 'effect of Workplace Injury Management and Workers Compensation Act 1998 and Workers Compensation Regulation 2003 on Costs Discretion' 'ancillary Proceedings' 'procedural Requirements for Work Injury Damages Claims']

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Procedural Posture

Consequential Costs Orders in Proceedings for Damages for Work Related Injury / Written Submissions After Proceedings Against the First Defendant Were Dismissed

Legal Issues

  1. 1 ['Whether costs were governed by the general costs discretion in s 98(1) of the Civil Procedure Act 2005 and Pt 42 r 1 of the Uniform Civil Procedure Rules, or by s 346 of the Workplace Injury Management and Workers Compensation Act 1998 and Pt 19, Div 3, Subdiv 3 of the Workers Compensation Regulation 2003.' "Whether the plaintiff's claim was a claim for work injury damages within s 250 of the Workplace Injury Management and Workers Compensation Act 1998." 'Whether the proceedings were ancillary proceedings for the purposes of cl 93 of the Workers Compensation Regulation 2003.' 'Whether cl 90(2) or cl 91 of the Workers Compensation Regulation 2003 governed the costs order.']

Ratio Decidendi

The plaintiff's claim fell within the definition of work injury damages in s 250 of the Workplace Injury Management and Workers Compensation Act 1998, and the proceedings heard were not ancillary because the motion resulted in the final disposition of the proceedings. Costs were therefore governed by s 346 of the Workplace Injury Management and Workers Compensation Act 1998 and the relevant clauses of the Workers Compensation Regulation 2003. Clause 90(2) did not apply because there had been no finding that the insurer had no liability for the claim; the proceedings were dismissed for non-compliance with a mandatory procedural provision. Accordingly, cl 91 applied and the plaintiff and...

Court Disposition

Plaintiff and first defendant to pay their own costs.

Orders

  • ['In the present proceedings the plaintiff and the SRA are to pay their own costs.']