Chubs Constructions Pty Ltd v Sam Chamma (No 2) [2010] NSWCA 225

Chubs Constructions Pty Ltd v Sam Chamma (No 2) [2010] NSWCA 225

The costs appeal had a sufficient nexus with the respondent's work injury damages claim to fall within Workplace Injury Management and Workers Compensation Act 1998, s 346. It was not an ancillary proceeding within Workers Compensation Regulation 2003, cl 93 because it challenged a substantive costs order and was not incidental, subsidiary or auxiliary to the trial proceedings. The appeal was not costs 'on the claim' within cl 89, because it concerned the costs ordered on the claim rather than the work injury damages claim itself. Accordingly cl 91 governed the appeal costs, requiring each party to bear its and his own costs.

Jurisdiction
Australia
Judgment Date
03 September 2010
Procedural Posture
Costs Appeal in a Work Injury Damages Matter / On the Papers Determination of Costs of the Appeal After Leave to Appeal Was Granted, the Appeal Was Allowed and the Trial Costs Order Was Set Aside
Outcome
Each party is to pay its and his own costs of the appeal.
Legal Topics
['costs of Appeal' 'workplace Injury Management and Workers Compensation Act 1998, S 346' 'workers Compensation Regulation 2003, Cls 89, 91 and 93' 'ancillary Proceedings' 'costs Following the Event']
['costs' 'workers Compensation' 'work Injury Damages' 'civil Procedure'] ['costs of Appeal' 'workplace Injury Management and Workers Compensation Act 1998, S 346' 'workers Compensation Regulation 2003, Cls 89, 91 and 93' 'ancillary Proceedings' 'costs Following the Event']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Appeal in a Work Injury Damages Matter / On the Papers Determination of Costs of the Appeal After Leave to Appeal Was Granted, the Appeal Was Allowed and the Trial Costs Order Was Set Aside

Legal Issues

  1. 1 ['Whether the costs of an appeal from a costs order in work injury damages proceedings are governed by Workplace Injury Management and Workers Compensation Act 1998, s 346.' 'Whether an appeal against a costs order is an ancillary proceeding within Workers Compensation Regulation 2003, cl 93 so that costs are awarded under the rules of court.' 'Whether Workers Compensation Regulation 2003, cl 89 or cl 91 governs the costs of the appeal.' 'Whether each party should bear its and his own costs of the appeal.']

Ratio Decidendi

The costs appeal had a sufficient nexus with the respondent's work injury damages claim to fall within Workplace Injury Management and Workers Compensation Act 1998, s 346. It was not an ancillary proceeding within Workers Compensation Regulation 2003, cl 93 because it challenged a substantive costs order and was not incidental, subsidiary or auxiliary to the trial proceedings. The appeal was not costs 'on the claim' within cl 89, because it concerned the costs ordered on the claim rather than the work injury damages claim itself. Accordingly cl 91 governed the appeal costs, requiring each party to bear its and his own costs.

Court Disposition

Each party is to pay its and his own costs of the appeal.

Orders

  • ['Each party is to pay its and his own costs of the appeal.']