Keogh v CPB Contractors Pty Ltd & Ors (No 4) [2024] NSWDDT 12

Keogh v CPB Contractors Pty Ltd & Ors (No 4) [2024] NSWDDT 12

Section 151S(2) of the Workers Compensation Act 1987 (NSW) does not apply in circumstances where there are separate assessments against successive tortfeasors rather than joint tortfeasors and no declaration as to s 151S(1) has been made; the conventional apportionment of costs between tortfeasors suffices.

Parties
Plaintiff: Craig Andrew Keogh; Third Defendant: Downer EDI Mining Pty Ltd; Fifth Defendant: Downer Mining Regional (NSW) Pty Ltd
Jurisdiction
Australia
Judgment Date
16 October 2024
Procedural Posture
Procedural Ruling / Post Judgment Costs Variation Application
Outcome
Application dismissed; costs ordered against the fifth defendant
Legal Topics
Apportionment of Costs, Section 151 S Workers Compensation Act 1987 (nsw), Contribution Between Tortfeasors
Costs Workers Compensation Apportionment of Costs Section 151 S Workers Compensation Act 1987 (nsw) Contribution Between Tortfeasors

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Parties

Craig Andrew Keogh

Plaintiff

Downer EDI Mining Pty Ltd

Third Defendant

Downer Mining Regional (NSW) Pty Ltd

Fifth Defendant

Procedural Posture

Procedural Ruling / Post Judgment Costs Variation Application

Legal Issues

  1. 1 Whether costs awarded should be apportioned pursuant to s 151S(2) of the Workers Compensation Act 1987 (NSW)
  2. 2 Whether s 151S applies in circumstances of separate assessments against successive tortfeasors

Ratio Decidendi

Section 151S(2) of the Workers Compensation Act 1987 (NSW) does not apply in circumstances where there are separate assessments against successive tortfeasors rather than joint tortfeasors and no declaration as to s 151S(1) has been made; the conventional apportionment of costs between tortfeasors suffices.

Court Disposition

Application dismissed; costs ordered against the fifth defendant

Orders

  • Dismiss the application based upon s 151S of the Workers Compensation Act 1987 (NSW), made by the fifth defendant, for a variation of the existing costs orders.
  • Order the fifth defendant to pay the costs of the plaintiff and the third defendant (re the Boggabri Mine) of and incidental to the application.