Toll Pty Ltd v Harradine (No 2) [2017] NSWCA 75

Toll Pty Ltd v Harradine (No 2) [2017] NSWCA 75

The appeal proceedings had a sufficient nexus to a claim for work injury damages such that the statutory costs rules in s 346 WIM Act and reg 96 applied. On the quantification of damages, the agreed figures, taking into account the correct net weekly earnings, should be adopted. In absence of clear evidence that the claimant's judgment was no less favourable than the final offer at mediation, no party is to recover costs.

Jurisdiction
Australia
Judgment Date
10 April 2017
Procedural Posture
Appeal / Costs and Quantum Determination After Appeal Allowed
Outcome
Judgment for the plaintiff (Worker) in the sum of $660,898.00. Toll credited with $71,631.00 previously paid and $400,000.00 per prior District Court order. No order as to costs at first instance or on appeal, each party to bear own costs.
Legal Topics
['award of Costs in Workers Compensation Claims' 'work Injury Damages Assessment' 'interaction of Costs Rules With Workplace Injury Proceedings']
['costs' 'workers Compensation'] ['award of Costs in Workers Compensation Claims' 'work Injury Damages Assessment' 'interaction of Costs Rules With Workplace Injury Proceedings']

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Procedural Posture

Appeal / Costs and Quantum Determination After Appeal Allowed

Legal Issues

  1. 1 ["Whether proceedings are 'in relation to a claim for work injury damages' within s 346(1) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW)" 'Calculation of damages for past and future loss of earning capacity after appeal judgment' 'Appropriate application of costs rules to District Court and appeal proceedings in work injury damages context']

Ratio Decidendi

The appeal proceedings had a sufficient nexus to a claim for work injury damages such that the statutory costs rules in s 346 WIM Act and reg 96 applied. On the quantification of damages, the agreed figures, taking into account the correct net weekly earnings, should be adopted. In absence of clear evidence that the claimant's judgment was no less favourable than the final offer at mediation, no party is to recover costs.

Court Disposition

Judgment for the plaintiff (Worker) in the sum of $660,898.00. Toll credited with $71,631.00 previously paid and $400,000.00 per prior District Court order. No order as to costs at first instance or on appeal, each party to bear own costs.

Orders

  • ['Judgment for the plaintiff (Worker) in the sum of $660,898.00.' 'Note that the defendant (Toll) is entitled to a credit of $71,631.00 for workers compensation payments already made to the Worker.' 'Note that Toll is further entitled to a credit of $400,000.00 pursuant to an order made by McLoughlin DCJ on 4 April...