Public Trustee v A M Hoipo Pty Ltd [1999] NSWCA 466

Public Trustee v A M Hoipo Pty Ltd [1999] NSWCA 466

The Public Trustee should not have been joined as a party to the apportionment proceedings and the costs order against it could not stand, because s 29 of the Workers Compensation Act 1987 (NSW) did not make it a proper party and there was no evidence that it acted unreasonably in declining to apportion. The proper respondent was Hoipo, the employer liable to pay compensation. Under ss 112 and 116 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW), and absent any suggestion that the claimants' application was frivolous, vexatious or unreasonable, Hoipo was liable for the costs of the apportionment application.

Jurisdiction
Australia
Judgment Date
17 December 1999
Procedural Posture
Workers Compensation Appeal Concerning Costs of Apportionment Application / Applications for Leave to Appeal and Cross Appeal From Compensation Court Orders, Treated as Appeal and Cross Appeal
Outcome
Appeal allowed; cross-appeal dismissed.
Legal Topics
['apportionment of Lump Sum Death Benefits Among Dependents' 'liability for Costs in Compensation Court Proceedings' 'joinder of Public Trustee' 'employer Liability for Costs']
['workers Compensation' 'costs' 'civil Procedure'] ['apportionment of Lump Sum Death Benefits Among Dependents' 'liability for Costs in Compensation Court Proceedings' 'joinder of Public Trustee' 'employer Liability for Costs']

Case Brief

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Procedural Posture

Workers Compensation Appeal Concerning Costs of Apportionment Application / Applications for Leave to Appeal and Cross Appeal From Compensation Court Orders, Treated as Appeal and Cross Appeal

Legal Issues

  1. 1 ['Whether the Public Trustee was a proper party to the Compensation Court apportionment application.' "Whether the Compensation Court erred in ordering the Public Trustee to pay half of the claimants' costs." 'Whether A M Hoipo Pty Limited, as employer liable to pay compensation, should bear the costs of the apportionment application.' 'Whether the costs order could be supported by findings that the Public Trustee acted unreasonably in declining to apportion.']

Ratio Decidendi

The Public Trustee should not have been joined as a party to the apportionment proceedings and the costs order against it could not stand, because s 29 of the Workers Compensation Act 1987 (NSW) did not make it a proper party and there was no evidence that it acted unreasonably in declining to apportion. The proper respondent was Hoipo, the employer liable to pay compensation. Under ss 112 and 116 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW), and absent any suggestion that the claimants' application was frivolous, vexatious or unreasonable, Hoipo was liable for the costs of the apportionment application.

Court Disposition

Appeal allowed; cross-appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'Set aside the orders made by Curtis CCJ on 15 March 1999.' "In lieu thereof, order the respondent, A M Hoipo Pty Limited, to pay the costs of all parties to the application for an order of apportionment and the appellant's costs of the appeal, but to have, if qualified,...