Koina v Coal & Allied Operations Pty Limited and others [2020] NSWDC 120

Koina v Coal & Allied Operations Pty Limited and others [2020] NSWDC 120

The Court has no power to make an order for payment of medico-legal disbursements in excess of the set maxima in the Legal Profession Uniform Law Application Regulation 2015; the notice of motion is dismissed because regulatory and statutory provisions fix the upper limits recoverable, and the Court's general power is subordinate to those limits.

Parties
Plaintiff: Paul G. Koina; 1st Defendant: Coal & Allied Operations Pty Limited; 2nd Defendant: BHP Billiton Limited; 3rd Defendant: Blackdown Investments Limited; 4th Defendant: Oceanic Coal Australia Limited T/AS Oceanic Coal Australia Limited; 5th Defendant: Tesa Mining
Jurisdiction
Australia
Judgment Date
09 March 2020
Procedural Posture
Civil / Notice of Motion Decision
Outcome
Notice of Motion dismissed
Legal Topics
Coal Miners Workers Compensation, Medico Legal Disbursements, Maximum Recoverable Costs
Costs Coal Miners Workers Compensation Medico Legal Disbursements Maximum Recoverable Costs

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Parties

Paul G. Koina

Plaintiff

Coal & Allied Operations Pty Limited

1st Defendant

BHP Billiton Limited

2nd Defendant

Blackdown Investments Limited

3rd Defendant

Oceanic Coal Australia Limited T/AS Oceanic Coal Australia Limited

4th Defendant

Tesa Mining

5th Defendant

Procedural Posture

Civil / Notice of Motion Decision

Legal Issues

  1. 1 Whether the Court has power to order payment of medico-legal disbursements above the maximum fixed by regulation

Ratio Decidendi

The Court has no power to make an order for payment of medico-legal disbursements in excess of the set maxima in the Legal Profession Uniform Law Application Regulation 2015; the notice of motion is dismissed because regulatory and statutory provisions fix the upper limits recoverable, and the Court's general power is subordinate to those limits.

Court Disposition

Notice of Motion dismissed

Orders

  • The notice of motion is dismissed.