DARRELL LEA CHOCOLATE SHOPS PTY LTD v TIRICOVSKI [1994] NSWCA 79

DARRELL LEA CHOCOLATE SHOPS PTY LTD v TIRICOVSKI [1994] NSWCA 79

There being no evidence of special circumstances and no submissions made regarding costs, the judge erroneously exercised his discretion under s18(6) of the Compensation Court Act; the order of no costs was set aside and the respondent was ordered to pay the costs of the review.

Parties
Appellant: Darrell Lea Chocolate Shops Pty Ltd; Respondent: Tiricovski
Jurisdiction
Australia
Judgment Date
21 February 1994
Procedural Posture
Appeal / Judgment on Appeal From Compensation Court Concerning Costs Order After Review of Workers Compensation Decision
Outcome
Appeal allowed with costs.
Legal Topics
Costs of Review, Special Circumstances in Costs Orders, Appeal Procedure, Workers Compensation Claims
Practice and Procedure Workers Compensation Costs of Review Special Circumstances in Costs Orders Appeal Procedure Workers Compensation Claims

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Parties

Darrell Lea Chocolate Shops Pty Ltd

Appellant

Tiricovski

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Compensation Court Concerning Costs Order After Review of Workers Compensation Decision

Legal Issues

  1. 1 Whether the judge erred in making no order as to costs following dismissal of review in a workers compensation matter
  2. 2 Whether special circumstances existed to justify no order for costs under s18(6) of the Compensation Court Act

Ratio Decidendi

There being no evidence of special circumstances and no submissions made regarding costs, the judge erroneously exercised his discretion under s18(6) of the Compensation Court Act; the order of no costs was set aside and the respondent was ordered to pay the costs of the review.

Court Disposition

Appeal allowed with costs.

Orders

  • Appeal allowed with costs.
  • So much of the Award as provided there be no costs of the review set aside.