Metcalfe v K & C Harris Plasterers [2002] NSWCC 36

Metcalfe v K & C Harris Plasterers [2002] NSWCC 36

Negotiations for a commutation sum under s 51 of the Workers Compensation Act 1987 are not a claim for 'compensation' within the meaning of s 112(7)(a) of the Workplace Injury Management and Workers Compensation Act 1998, and thus costs incurred in those negotiations are not recoverable under that provision.

Parties
Applicant: Stephen Metcalfe; Respondent: K & C Harris Plasterers
Jurisdiction
Australia
Judgment Date
02 July 2002
Procedural Posture
Summons / Ex Tempore Judgment
Outcome
Application dismissed; no order as to costs.
Legal Topics
Costs, Commutation of Compensation Rights
Workers Compensation Costs Commutation of Compensation Rights

Case Brief

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Parties

Stephen Metcalfe

Applicant

K & C Harris Plasterers

Respondent

Procedural Posture

Summons / Ex Tempore Judgment

Legal Issues

  1. 1 Whether the costs incurred in unsuccessful negotiations for commutation of future rights are recoverable under s 112(7)(a) of the Workplace Injury Management and Workers Compensation Act 1998

Ratio Decidendi

Negotiations for a commutation sum under s 51 of the Workers Compensation Act 1987 are not a claim for 'compensation' within the meaning of s 112(7)(a) of the Workplace Injury Management and Workers Compensation Act 1998, and thus costs incurred in those negotiations are not recoverable under that provision.

Court Disposition

Application dismissed; no order as to costs.