Coal & Allied Operations Pty Ltd v Crossley [2023] NSWCA 182

Coal & Allied Operations Pty Ltd v Crossley [2023] NSWCA 182

The Court held the reference to '$36' per page for scanning in the relevant regulation was a typographical error, should be read as '$3' per page, based on legislative history, context, and to avoid an absurd and irrational result irreconcilable with the purpose of fixing fair and reasonable costs.

Jurisdiction
Australia
Judgment Date
10 August 2023
Procedural Posture
Judicial Review/appeal / Court of Appeal Judgment on Judicial Review
Outcome
Appeal allowed; orders of the District Court set aside in relevant part; costs order in favour of Mr Crossley in the Court of Appeal.
Legal Topics
['costs Assessment' 'correction of Drafting Errors' 'statutory Construction' 'workers Compensation']
['civil Procedure' 'statutory Interpretation' 'legal Costs'] ['costs Assessment' 'correction of Drafting Errors' 'statutory Construction' 'workers Compensation']

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Procedural Posture

Judicial Review/appeal / Court of Appeal Judgment on Judicial Review

Legal Issues

  1. 1 ['Whether an obvious drafting error in delegated legislation setting fixed costs ($36 for scanning per page) can be judicially construed as $3 per page, on grounds of absurdity and legislative history.' "Whether the costs provision should be interpreted literally or corrected to fulfill the purpose of 'fair and reasonable costs'." "What is the proper meaning of 'scanning', 'perusal', and related items in the schedule of costs."]

Ratio Decidendi

The Court held the reference to '$36' per page for scanning in the relevant regulation was a typographical error, should be read as '$3' per page, based on legislative history, context, and to avoid an absurd and irrational result irreconcilable with the purpose of fixing fair and reasonable costs.

Court Disposition

Appeal allowed; orders of the District Court set aside in relevant part; costs order in favour of Mr Crossley in the Court of Appeal.

Orders

  • ['Grant leave to Coal & Allied to amend its summons in terms of the draft supplied on 26 July 2023.' 'Set aside order 3 made by the District Court on 8 February 2023.' "Direct the parties to file and serve, within 14 days, an agreed form of Certificate of Determination of Appeal in lieu of that issued by the...