Suresh v Jacon Industries Pty Ltd (No. 2) [2005] NSWCA 270

Suresh v Jacon Industries Pty Ltd (No. 2) [2005] NSWCA 270

Costs of District Court proceedings are to be determined by the judge who hears the remitted proceedings; costs of appeal are to follow the outcome, with Respondent paying Appellant's costs including the costs of this further application.

Jurisdiction
Australia
Judgment Date
17 August 2005
Procedural Posture
Appeal / Post Appeal, Costs Determination
Outcome
Orders varied
Legal Topics
['costs' 'offer of Compromise' 'workers Compensation Payments']
['civil Procedure' 'workers Compensation'] ['costs' 'offer of Compromise' 'workers Compensation Payments']

Case Brief

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Procedural Posture

Appeal / Post Appeal, Costs Determination

Legal Issues

  1. 1 ['Whether offer of compromise made under Part 39A r25(6) of the District Court Rules applies to costs of appeal' 'Whether costs of District Court proceedings and costs of appeal should follow event' 'Implications of payments under s151B of the Workers Compensation Act 1987 on costs disposition']

Ratio Decidendi

Costs of District Court proceedings are to be determined by the judge who hears the remitted proceedings; costs of appeal are to follow the outcome, with Respondent paying Appellant's costs including the costs of this further application.

Court Disposition

Orders varied

Orders

  • ['Order that the costs of the proceedings in the District Court be in the discretion of the judge to whom the matter is remitted' "Order that the Respondent pay the Appellant's costs of the appeal, including the costs of this further application to vary the orders, and to have a certificate under the Suitors Fund...