De Vries v JNC Group Australia Pty Limited (No. 2) [2023] NSWSC 798

De Vries v JNC Group Australia Pty Limited (No. 2) [2023] NSWSC 798

The plaintiff was entitled to state, after reasons were published and before final orders were entered, that he would not accept satisfaction of the judgment against the second defendant because s 151Z did not restrict the timing of that election. The requested order that the second defendant pay 20% of the plaintiff's costs was not made; instead, the first defendant was ordered to pay the plaintiff's ordinary costs excluding costs exclusively limited to the case against the second defendant. The plaintiff's indemnity costs application failed because, in light of the plaintiff's then reliance on a different factual scenario and expert evidence later abandoned, it was reasonable for the...

Jurisdiction
Australia
Judgment Date
07 July 2023
Procedural Posture
Common Law Judgment Concerning Final Orders, Workers Compensation Recovery, Cross Claim and Costs / Final Orders After Reasons in De Vries V JNC Group Australia Pty Limited [2023] NSWSC 777
Outcome
Judgment for the plaintiff against the first defendant, judgment for the plaintiff against the second defendant, judgment for the first defendant against the second defendant on the cross-claim, ordinary costs against the first defendant with exclusions, no indemnity costs, and a conditional stay of the judgment...
Legal Topics
['workers Compensation Act 1987 (nsw) S 151 Z' 'non Acceptance of Satisfaction of Judgment Against Employer' 'contribution Between Defendants' 'offer of Compromise' 'indemnity Costs' 'ordinary Costs']
['workers Compensation' 'personal Injury Damages' 'civil Procedure' 'costs'] ['workers Compensation Act 1987 (nsw) S 151 Z' 'non Acceptance of Satisfaction of Judgment Against Employer' 'contribution Between Defendants' 'offer of Compromise' 'indemnity Costs' 'ordinary Costs']

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

Common Law Judgment Concerning Final Orders, Workers Compensation Recovery, Cross Claim and Costs / Final Orders After Reasons in De Vries V JNC Group Australia Pty Limited [2023] NSWSC 777

Legal Issues

  1. 1 ['Whether the plaintiff could state, before final orders were entered, that he would not accept satisfaction of the judgment against the second defendant under s 151Z(2)(e) of the Workers Compensation Act 1987 (NSW).' "Whether the second defendant should be ordered to pay 20% of the plaintiff's costs to reflect its 20% liability finding." 'Whether the plaintiff should receive indemnity costs against the first defendant based on an offer of compromise made on 16 July 2021.' 'What final judgments, cross-claim orders, costs orders and stay should be made.']

Ratio Decidendi

The plaintiff was entitled to state, after reasons were published and before final orders were entered, that he would not accept satisfaction of the judgment against the second defendant because s 151Z did not restrict the timing of that election. The requested order that the second defendant pay 20% of the plaintiff's costs was not made; instead, the first defendant was ordered to pay the plaintiff's ordinary costs excluding costs exclusively limited to the case against the second defendant. The plaintiff's indemnity costs application failed because, in light of the plaintiff's then reliance on a different factual scenario and expert evidence later abandoned, it was reasonable for the...

Court Disposition

Judgment for the plaintiff against the first defendant, judgment for the plaintiff against the second defendant, judgment for the first defendant against the second defendant on the cross-claim, ordinary costs against the first defendant with exclusions, no indemnity costs, and a conditional stay of the judgment...

Orders

  • ['Pursuant to s 151Z(2)(c) of the Workers Compensation Act, the damages, other than for economic loss ($853,538.92), are to be reduced by 20%; to a figure of $682,831.14. Adding the damages for economic loss ($828,852.50) results in judgment for the plaintiff against the first defendant in the sum of $1,511,683.60....