Hitchen v Strategic Formwork Pty, Hitchen v RTS Holdings Pty Ltd (No 2) [2017] NSWSC 672

Hitchen v Strategic Formwork Pty, Hitchen v RTS Holdings Pty Ltd (No 2) [2017] NSWSC 672

Section 151S of the Workers Compensation Act 1987 (NSW) concerned work injury damages and applied to the cause of action between the plaintiff and RTS Holdings Pty Ltd, but the cause of action against Strategic Formwork Pty Ltd was brought pursuant to the Civil Liability Act and was modified only by s 151Z in relation to quantification of Strategic Formwork's liability. Accordingly, Strategic Formwork Pty Ltd was not entitled to have the plaintiff's costs against it limited to 60%, and the appropriate order was that costs follow the event on an ordinary basis.

Jurisdiction
Australia
Judgment Date
30 May 2017
Procedural Posture
Costs / Costs Orders After Judgment, Determined by Way of Written Submissions
Outcome
Strategic Formwork Pty Ltd was ordered to pay the plaintiff's costs on an ordinary basis. The plaintiff and RTS Holdings Pty Ltd were ordered to pay their own costs.
Legal Topics
['costs Following the Event' 'ordinary Basis Costs' 'work Injury Damages Costs' 'cross Claims' 'apportionment of Liability']
['costs' 'civil Procedure' 'workers Compensation'] ['costs Following the Event' 'ordinary Basis Costs' 'work Injury Damages Costs' 'cross Claims' 'apportionment of Liability']

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 Orders After Judgment, Determined by Way of Written Submissions

Legal Issues

  1. 1 ['Whether the plaintiff and RTS Holdings Pty Ltd should each bear their own costs under the Workers Compensation Regulation 2010.' "Whether Strategic Formwork Pty Ltd should pay the plaintiff's costs on an ordinary basis or only 60% of those costs by reason of ss 151S and 151T of the Workers Compensation Act 1987 (NSW)." 'Whether s 151S of the Workers Compensation Act 1987 (NSW) applied to the cause of action against Strategic Formwork Pty Ltd.']

Ratio Decidendi

Section 151S of the Workers Compensation Act 1987 (NSW) concerned work injury damages and applied to the cause of action between the plaintiff and RTS Holdings Pty Ltd, but the cause of action against Strategic Formwork Pty Ltd was brought pursuant to the Civil Liability Act and was modified only by s 151Z in relation to quantification of Strategic Formwork's liability. Accordingly, Strategic Formwork Pty Ltd was not entitled to have the plaintiff's costs against it limited to 60%, and the appropriate order was that costs follow the event on an ordinary basis.

Court Disposition

Strategic Formwork Pty Ltd was ordered to pay the plaintiff's costs on an ordinary basis. The plaintiff and RTS Holdings Pty Ltd were ordered to pay their own costs.

Orders

  • ["Strategic Formwork Pty Ltd is to pay the plaintiff's costs on an ordinary basis." 'The plaintiff and RTS Holdings Pty Ltd are to pay their/its own costs.']