Chubs Constructions Pty Ltd v Chamma [2009] NSWCA 98

Chubs Constructions Pty Ltd v Chamma [2009] NSWCA 98

In a claim for work injury damages, the court lacks power to order indemnity costs due to mandatory provisions in the Workers Compensation Regulation 2003 clauses 89-91; an offer restricted to economic loss component satisfies clause 94(a) if that component constitutes the entirety of the claim against a defendant under the legislative scheme.

Jurisdiction
Australia
Judgment Date
05 May 2009
Procedural Posture
Appeal / Application for Leave to Appeal and Appeal Decided
Outcome
Appeal allowed; leave granted
Legal Topics
['work Injury Damages' 'court Proceedings' 'indemnity Costs' 'party and Party Costs' 'offers of Compromise']
['costs' 'personal Injury'] ['work Injury Damages' 'court Proceedings' 'indemnity Costs' 'party and Party Costs' 'offers of Compromise']

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Procedural Posture

Appeal / Application for Leave to Appeal and Appeal Decided

Legal Issues

  1. 1 ['Whether the primary judge had power to order costs on an indemnity basis in work injury damages claim' "Whether respondent's offer complied with requirements of Workers Compensation Regulation 2003, cl 89 and cl 94 for costs order" "Interpretation of 'the claim' in clause 94(a)"]

Ratio Decidendi

In a claim for work injury damages, the court lacks power to order indemnity costs due to mandatory provisions in the Workers Compensation Regulation 2003 clauses 89-91; an offer restricted to economic loss component satisfies clause 94(a) if that component constitutes the entirety of the claim against a defendant under the legislative scheme.

Court Disposition

Appeal allowed; leave granted

Orders

  • ['Grant leave to appeal' 'Appellant to file the Notice of Appeal within 7 days' 'Appeal allowed' "Costs order made by Patten AJ on 7 May 2008 set aside and in lieu thereof order the applicant to pay 25% of the respondent's costs of the trial on a party and party basis" 'Reserve the question of the costs of the...