Fields v Berrigan & Anor (No. 2) [2022] NSWDC 568

The Plaintiff sought work injury damages in his Statement of Claim. Despite a failure to comply with procedural requirements under the Workplace Injury Management and Workers Compensation Act 1998, the proceedings were a claim for work injury damages. Clause 96 of the Workers Compensation Regulation 2016 (NSW) applies, requiring each party to bear their own costs.

Parties: Plaintiff: Todd Matthew Fields; First Defendant: Paul Berrigan; Second Defendant: Tamworth Jockey Club
Jurisdiction: Australia
Judgment Date: 21 October 2022
Procedural Posture: Civil / Costs Ruling Following Substantive Judgment
Outcome: Each of the Plaintiff and First Defendant to pay his own costs of the proceedings insofar as they were a claim for work injury damages.
Legal Topics: Work Injury Damages, Costs

Personal Injury Workers Compensation Work Injury Damages Costs

Case Brief

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Parties

Todd Matthew Fields

Plaintiff

Paul Berrigan

First Defendant

Tamworth Jockey Club

Second Defendant

Procedural Posture

Civil / Costs Ruling Following Substantive Judgment

Legal Issues

1 Which party is entitled to costs in work injury damages proceedings where procedural prerequisites may not have been met
2 Whether proceedings were a claim for work injury damages for the purpose of the Workers Compensation Regulation 2016 (NSW)

Ratio Decidendi

Court Disposition

Each of the Plaintiff and First Defendant to pay his own costs of the proceedings insofar as they were a claim for work injury damages.

Orders

Each of the Plaintiff and the First Defendant is to pay his own costs of the proceedings insofar as they were a claim for work injury damages.