WorkCover Authority of New South Wales (Inspector Clark) v Raymond Jabboury [2003] NSWIRComm 409

WorkCover Authority of New South Wales (Inspector Clark) v Raymond Jabboury [2003] NSWIRComm 409

The defendant was ordered to pay the prosecutor's costs of the discontinued s 19(a) proceedings because the prosecutor had been entitled to rely on the defendant's interview answers when those charges were framed. The prosecutor was ordered to pay the defendant's costs of the discontinued s 50(1) proceedings because, after being told the defendant was not an employee, the prosecutor assumed without sufficient inquiry that the defendant was concerned in the management of Ledonne Constructions Pty Limited.

Jurisdiction
Australia
Judgment Date
24 November 2003
Procedural Posture
Prosecution Under the Occupational Health and Safety Act 1983; Costs Application Arising Out of Discontinued Matters / Costs Determination After Discontinuance of Charges Under S 19(a) and S 50(1), With Costs on the S 16(2) Charge Remaining Before the Industrial Registrar
Outcome
Cost orders made for the discontinued proceedings; costs on the s 16(2) charge remained unresolved before the Registrar.
Legal Topics
['discontinued Prosecutions' 'costs Orders' 'occupational Health and Safety Act 1983' 'employee Status' 'person Concerned in Management']
['industrial Relations' 'occupational Health and Safety' 'costs'] ['discontinued Prosecutions' 'costs Orders' 'occupational Health and Safety Act 1983' 'employee Status' 'person Concerned in Management']

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Procedural Posture

Prosecution Under the Occupational Health and Safety Act 1983; Costs Application Arising Out of Discontinued Matters / Costs Determination After Discontinuance of Charges Under S 19(a) and S 50(1), With Costs on the S 16(2) Charge Remaining Before the Industrial Registrar

Legal Issues

  1. 1 ['The quantum of costs claimed by the prosecutor in relation to the charge under s 16(2).' "The defendant's claim for costs in relation to the proceedings under s 19 which were discontinued." "The defendant's claim for costs in relation to the proceedings under s 50 which were discontinued."]

Ratio Decidendi

The defendant was ordered to pay the prosecutor's costs of the discontinued s 19(a) proceedings because the prosecutor had been entitled to rely on the defendant's interview answers when those charges were framed. The prosecutor was ordered to pay the defendant's costs of the discontinued s 50(1) proceedings because, after being told the defendant was not an employee, the prosecutor assumed without sufficient inquiry that the defendant was concerned in the management of Ledonne Constructions Pty Limited.

Court Disposition

Cost orders made for the discontinued proceedings; costs on the s 16(2) charge remained unresolved before the Registrar.

Orders

  • ["Matter Nos IRC 3392 and 3393 of 1998: The defendant shall pay the prosecutor's costs in an amount as agreed, or if agreement cannot be reached, leave is granted to either party to approach the Court for final orders as to costs." "Matter Nos IRC 5799 - 5803 of 1999: The prosecutor shall pay the defendant's costs...