ISS Facility Services (NSW) Pty Ltd v State of New South Wales (No 2) [2016] NSWCA 185

ISS Facility Services (NSW) Pty Ltd v State of New South Wales (No 2) [2016] NSWCA 185

Because the real issues the parties sought to have determined had not yet been determined and this occurred through no fault of any party, and because the lion's share of the parties' costs in the Court of Appeal was directed to matters that remained undetermined, the appropriate order was that the parties' costs of the appeal and cross-appeals be their respective costs in the District Court proceedings. The costs of the original District Court proceedings should be left to the discretion of the judge on remitter, to be determined when the outcome of the litigation is known, with regard to s 346 where applicable.

Jurisdiction
Australia
Judgment Date
09 August 2016
Procedural Posture
Costs in Appeal and Cross Appeals After Remitter of District Court Proceedings / Court of Appeal Determination of Costs Following Orders Allowing Appeal and Cross Appeals and Remitting Specified Questions to the District Court
Outcome
Costs orders made after appeal and cross-appeals had been allowed and specified questions remitted to the District Court.
Legal Topics
['costs Where Proceedings Remitted for Further Hearing' 'application of Workplace Injury Management and Workers Compensation Act 1998 (nsw), S 346' 'workers Compensation Act 1987 (nsw), S 151 Z Recovery and Contribution Issues' 'contributory Negligence']
['costs' 'workers Compensation' 'work Injury Damages' 'negligence'] ['costs Where Proceedings Remitted for Further Hearing' 'application of Workplace Injury Management and Workers Compensation Act 1998 (nsw), S 346' 'workers Compensation Act 1987 (nsw), S 151 Z Recovery and Contribution Issues' 'contributory Negligence']

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Procedural Posture

Costs in Appeal and Cross Appeals After Remitter of District Court Proceedings / Court of Appeal Determination of Costs Following Orders Allowing Appeal and Cross Appeals and Remitting Specified Questions to the District Court

Legal Issues

  1. 1 ['Whether s 346 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) applies to any of the costs, including costs of the appeal.' 'What costs order should be made for the appeal and first and second cross-appeals where the matter was remitted to the District Court and the real issues had not been determined.' 'What directions should be made concerning the costs of the original District Court proceedings.']

Ratio Decidendi

Because the real issues the parties sought to have determined had not yet been determined and this occurred through no fault of any party, and because the lion's share of the parties' costs in the Court of Appeal was directed to matters that remained undetermined, the appropriate order was that the parties' costs of the appeal and cross-appeals be their respective costs in the District Court proceedings. The costs of the original District Court proceedings should be left to the discretion of the judge on remitter, to be determined when the outcome of the litigation is known, with regard to s 346 where applicable.

Court Disposition

Costs orders made after appeal and cross-appeals had been allowed and specified questions remitted to the District Court.

Orders

  • ["The parties' costs of the appeal and each of the first and second cross appeals in the Court of Appeal be their respective costs in the proceedings in the District Court." "The parties' costs of the original proceedings in the District Court should be left to the discretion of the judge to whom the proceedings are...