Single v Workers Compensation Nominal Insurer (No. 2) [2018] NSWDDT 11

Single v Workers Compensation Nominal Insurer (No. 2) [2018] NSWDDT 11

After 16 November 2018 the only issue in play was the separate legal issue of deductibility of the New Zealand Accident Compensation Corporation payment. The hearing and judgment dealt only with that issue, and the second defendant succeeded on it. Costs should therefore reflect success on that separate issue, with the second defendant paying the plaintiff's ordinary costs up to 16 November 2018 and the plaintiff paying the second defendant's ordinary costs from 17 November 2018.

Jurisdiction
Australia
Judgment Date
20 December 2018
Procedural Posture
Costs / Costs Determination After Judgment
Outcome
Costs ordered in the terms sought by the second defendant.
Legal Topics
['costs Follow the Event' 'identification of the Event' 'costs of a Separate Issue' 'ordinary Basis Costs']
['costs' 'civil Procedure'] ['costs Follow the Event' 'identification of the Event' 'costs of a Separate Issue' 'ordinary Basis Costs']

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 / Costs Determination After Judgment

Legal Issues

  1. 1 ['Whether the plaintiff or the second defendant should pay costs after 16 November 2018 where the only issue remaining for determination was the deductibility of the New Zealand Accident Compensation Corporation payment.' 'Whether the result on the separate legal issue of deductibility should be treated as the event for costs purposes.']

Ratio Decidendi

After 16 November 2018 the only issue in play was the separate legal issue of deductibility of the New Zealand Accident Compensation Corporation payment. The hearing and judgment dealt only with that issue, and the second defendant succeeded on it. Costs should therefore reflect success on that separate issue, with the second defendant paying the plaintiff's ordinary costs up to 16 November 2018 and the plaintiff paying the second defendant's ordinary costs from 17 November 2018.

Court Disposition

Costs ordered in the terms sought by the second defendant.

Orders

  • ["Order the second defendant to pay the plaintiff's costs on an ordinary basis up to 16 November 2018." "Order the plaintiff to pay the defendant's costs on an ordinary basis from 17 November 2018, including the costs of the further costs argument."]