Chhay Lim v Kaybron Pty Ltd (No 2) [2020] NSWSC 1774

Chhay Lim v Kaybron Pty Ltd (No 2) [2020] NSWSC 1774

Because the defendant did not file written submissions seeking a different costs order, the Court treated that as indicating the defendant did not wish to be heard against the proposed order and, consistently with the principal judgment, ordered the defendant to pay the costs of and incidental to the proceedings.

Jurisdiction
Australia
Judgment Date
16 December 2020
Procedural Posture
Civil Law Costs Decision / On the Papers After Principal Judgment
Outcome
The defendant was ordered to pay the costs of and incidental to these proceedings.
Legal Topics
['costs Following the Event' 'procedural Fairness' 'workers Compensation Appeal Panel Decision']
['civil Law' 'costs'] ['costs Following the Event' 'procedural Fairness' 'workers Compensation Appeal Panel Decision']

Case Brief

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Procedural Posture

Civil Law Costs Decision / On the Papers After Principal Judgment

Legal Issues

  1. 1 ["Whether the defendant should pay the plaintiff's costs after the principal judgment where no submissions were filed seeking a different costs order."]

Ratio Decidendi

Because the defendant did not file written submissions seeking a different costs order, the Court treated that as indicating the defendant did not wish to be heard against the proposed order and, consistently with the principal judgment, ordered the defendant to pay the costs of and incidental to the proceedings.

Court Disposition

The defendant was ordered to pay the costs of and incidental to these proceedings.

Orders

  • ['The defendant is to pay the costs of and incidental to these proceedings.']