Heuving v Dirluck Pty Ltd t/as Cut Price Deli Miranda and anor [2001] NSWCC 108

Heuving v Dirluck Pty Ltd t/as Cut Price Deli Miranda and anor [2001] NSWCC 108

Costs incurred after 20 March 2000 shall be apportioned between respondents pro rata to the quantum of the awards, with 90% payable by the first respondent and 10% by the second respondent. Costs incurred up to and including 20 March 2000 are payable by the first respondent alone.

Jurisdiction
Australia
Judgment Date
17 May 2001
Procedural Posture
Workers Compensation / Final Determination of Costs Apportionment Post Settlement
Outcome
Costs apportioned between respondents. Compensation agreed and specified.
Legal Topics
['costs Apportionment' 'quantum of Compensation' 'joinder of Respondent']
['workers Compensation'] ['costs Apportionment' 'quantum of Compensation' 'joinder of Respondent']

Case Brief

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Procedural Posture

Workers Compensation / Final Determination of Costs Apportionment Post Settlement

Legal Issues

  1. 1 ['How should costs payable to the applicant be apportioned between two respondents following settlement?' 'Is the second respondent liable for costs incurred prior to being joined?']

Ratio Decidendi

Costs incurred after 20 March 2000 shall be apportioned between respondents pro rata to the quantum of the awards, with 90% payable by the first respondent and 10% by the second respondent. Costs incurred up to and including 20 March 2000 are payable by the first respondent alone.

Court Disposition

Costs apportioned between respondents. Compensation agreed and specified.

Orders

  • ["First respondent to pay applicant's costs incurred up to and including 20 March 2000." "First respondent to pay 90% of applicant's costs incurred since 20 March 2000." "Second respondent to pay 10% of applicant's costs incurred since 20 March 2000." 'First respondent to pay lump sum compensation of $20,000 and s...