EMAIL LTD v KADDOUR WESTON MILLING (A DIVISION OF GEORGE WESTON FOODS) v LUCIANO [1996] NSWCA 172

EMAIL LTD v KADDOUR WESTON MILLING (A DIVISION OF GEORGE WESTON FOODS) v LUCIANO [1996] NSWCA 172

There is no legal principle requiring a worker to seek a medical panel certificate before commencing proceedings such that failure to do so would automatically disentitle them to costs; costs are a discretionary matter for the trial judge based on all relevant factors.

Parties
Appellant: Email Ltd; Appellant: Kaddour Weston Milling (a division of George Weston Foods); Respondent: Luciano
Jurisdiction
Australia
Judgment Date
27 March 1996
Procedural Posture
Appeal / Judgment
Outcome
appeals dismissed with costs
Legal Topics
Costs Orders, Medical Panel Certificate, Commencement of Proceedings
Workers Compensation Costs Costs Orders Medical Panel Certificate Commencement of Proceedings

Case Brief

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Parties

Email Ltd

Appellant

Kaddour Weston Milling (a division of George Weston Foods)

Appellant

Luciano

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a worker is disentitled to costs if proceedings are commenced before seeking a Medical Panel Certificate under s72 of the Workers Compensation Act 1987
  2. 2 Whether the trial judge erred in the exercise of discretion as to costs in such circumstances

Ratio Decidendi

There is no legal principle requiring a worker to seek a medical panel certificate before commencing proceedings such that failure to do so would automatically disentitle them to costs; costs are a discretionary matter for the trial judge based on all relevant factors.

Court Disposition

appeals dismissed with costs

Orders

  • Appeals dismissed with costs.