Sneddon v The Speaker of the Legislative Assembly [2011] NSWSC 842

Sneddon v The Speaker of the Legislative Assembly [2011] NSWSC 842

Regulation 109 of the Workers Compensation Regulation 2010 does not operate to preclude the plaintiff's entitlement to costs against the Speaker, as the other defendants were not parties to proceedings for work injury damages. The Speaker is ordered to pay the plaintiff's costs. The plaintiff, being unsuccessful against the State, must pay the State's costs; a Sanderson order against Mr Orkopoulos is not warranted due to lack of conduct justifying such an order. Mr Orkopoulos is only required to pay limited costs reflecting his default and specific issues addressed at hearing.

Jurisdiction
Australia
Judgment Date
03 August 2011
Procedural Posture
Civil / Post Trial; Determination of Costs
Outcome
Costs orders made as set out: Speaker to pay plaintiff's costs on a party and party basis; plaintiff to pay State's costs on an ordinary basis; Mr Orkopoulos to pay plaintiff's costs for a half day hearing and preparation on damages assessment, plus costs for entry of default judgment.
Legal Topics
['work Injury Damages' 'costs Orders' 'civil Liability Act 2002' 'workers Compensation Regulation 2010' 'joint and Several Liability' 'default Judgment' 'sanderson Order']
['costs' 'personal Injury' 'employment Law'] ['work Injury Damages' 'costs Orders' 'civil Liability Act 2002' 'workers Compensation Regulation 2010' 'joint and Several Liability' 'default Judgment' 'sanderson Order']

Case Brief

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Procedural Posture

Civil / Post Trial; Determination of Costs

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to costs against the first defendant (Speaker) under the Workers Compensation Regulation 2010 and related statutes' "Whether the plaintiff should pay the second defendant's (State) costs or if a 'Sanderson' order should be made requiring the third defendant (Mr Orkopoulos) to pay those costs" "Whether the third defendant (Mr Orkopoulos) should pay the plaintiff's costs in whole or in part, given default judgment" 'Application and limits of reg 104 and reg 109 Workers Compensation Regulation 2010']

Ratio Decidendi

Regulation 109 of the Workers Compensation Regulation 2010 does not operate to preclude the plaintiff's entitlement to costs against the Speaker, as the other defendants were not parties to proceedings for work injury damages. The Speaker is ordered to pay the plaintiff's costs. The plaintiff, being unsuccessful against the State, must pay the State's costs; a Sanderson order against Mr Orkopoulos is not warranted due to lack of conduct justifying such an order. Mr Orkopoulos is only required to pay limited costs reflecting his default and specific issues addressed at hearing.

Court Disposition

Costs orders made as set out: Speaker to pay plaintiff's costs on a party and party basis; plaintiff to pay State's costs on an ordinary basis; Mr Orkopoulos to pay plaintiff's costs for a half day hearing and preparation on damages assessment, plus costs for entry of default judgment.

Orders

  • ["The first defendant (the Speaker) is to pay the plaintiff's costs on a party and party basis." 'The plaintiff is to pay the costs of the second defendant (the State) on an ordinary basis.' "The third defendant (Mr Orkopoulos) is to pay the plaintiff's costs for a half day hearing, plus preparation on the specific...