Pacific Steel Constructions Pty Limited v Barahona (No 2) [2010] NSWCA 9

Pacific Steel Constructions Pty Limited v Barahona (No 2) [2010] NSWCA 9

Because Mr Barahona's claim was for damages for an injury suffered in the course of his employment with Pacific, costs were governed by the Workplace Injury Management and Workers Compensation Act 1998 and the Workers Compensation Regulation 2003. No offers of settlement were made at the mediation, so cl 91 applied and the parties were required to bear their own costs. The earlier usual costs order was made without attention to that regime and could be corrected under the slip rule or the Court's inherent jurisdiction.

Jurisdiction
Australia
Judgment Date
15 February 2010
Procedural Posture
Consequential Orders Concerning Costs in a Workplace Injury Damages Appeal / On the Papers Application to Set Aside and Vary the Costs Order Made on 11 December 2009
Outcome
Costs order varied; Pacific's application granted to the extent of replacing the earlier costs order with an order that Pacific and Mr Barahona each bear their own costs of the appeal, and Pacific was ordered to bear its own costs of the application.
Legal Topics
['slip Rule' 'amending Costs Orders' 'costs in Workplace Injury Matters' 'work Injury Damages' 'workplace Injury Management and Workers Compensation Act 1998, S 346' 'workers Compensation Regulation 2003, Cl 91']
['practice and Procedure' 'costs' 'workers Compensation'] ['slip Rule' 'amending Costs Orders' 'costs in Workplace Injury Matters' 'work Injury Damages' 'workplace Injury Management and Workers Compensation Act 1998, S 346' 'workers Compensation Regulation 2003, Cl 91']

Case Brief

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Procedural Posture

Consequential Orders Concerning Costs in a Workplace Injury Damages Appeal / On the Papers Application to Set Aside and Vary the Costs Order Made on 11 December 2009

Legal Issues

  1. 1 ['Whether the costs order made against Pacific Steel Constructions Pty Limited in favour of Luis Barahona should be set aside and replaced with an order that each party bear its own costs of the appeal.' 'Whether costs in the appeal were governed by the Workplace Injury Management and Workers Compensation Act 1998, s 346 and the Workers Compensation Regulation 2003 rather than the usual costs order under Uniform Civil Procedure Rules 2005, r 42.1.' 'Whether the Court could correct the costs order under Uniform Civil Procedure Rules 2005, r 36.17 or in its inherent jurisdiction.']

Ratio Decidendi

Because Mr Barahona's claim was for damages for an injury suffered in the course of his employment with Pacific, costs were governed by the Workplace Injury Management and Workers Compensation Act 1998 and the Workers Compensation Regulation 2003. No offers of settlement were made at the mediation, so cl 91 applied and the parties were required to bear their own costs. The earlier usual costs order was made without attention to that regime and could be corrected under the slip rule or the Court's inherent jurisdiction.

Court Disposition

Costs order varied; Pacific's application granted to the extent of replacing the earlier costs order with an order that Pacific and Mr Barahona each bear their own costs of the appeal, and Pacific was ordered to bear its own costs of the application.

Orders

  • ['Vacate order (2) made on 11 December 2009 and instead order: (2) The appellant, Pacific Steel Constructions Pty Limited and the first respondent, Luis Barahona, are each to pay it and his own costs of the appeal.' 'The appellant, Pacific Steel Constructions Pty Limited, is to bear its own costs of this application.']