BONNEY -v- COMPASS GROUP (AUSTRALIA) PTY LTD [2015] WASCA 6 (S)

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2015] WASCA 6 (S)
Court:	THE COURT OF APPEAL (WA)
Case No:	CACV:58/2014	Heard:	ON THE PAPERS
Coram:	NEWNES JA MURPHY JA	Delivered:	15/07/15
No of pages:	5	Judgment Part:	1 of 1
Result:	Appellant to pay respondent's costs of appeal
Category:	B
PDF Version

Parties:	JENNIFER BONNEY COMPASS GROUP (AUSTRALIA) PTY LTD
Catchwords:	Practice and procedure Costs Appeal from District Court Workers' Compensation and Injury Management Act 1981 (WA), s 254 Appeal dismissed Whether costs can be made against appellant
Legislation:	District Court Act 1969 (WA), s 79 Workers' Compensation and Injury Management Act 1981 (WA), s 254
Case References:	Bonney v Compass Group (Australia) Pty Ltd [2015] WASCA 6

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : BONNEY -v- COMPASS GROUP (AUSTRALIA) PTY LTD [2015] WASCA 6 (S) CORAM : NEWNES JA

MURPHY JA

HEARD : ON THE PAPERS DELIVERED : 15 JULY 2015 FILE NO/S : CACV 58 of 2014 BETWEEN : JENNIFER BONNEY

Appellant

AND

COMPASS GROUP (AUSTRALIA) PTY LTD

Respondent

ON APPEAL FROM:

Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA

Coram : WISBEY DCJ

File No : APP 64 of 2013

Catchwords:

Practice and procedure - Costs - Appeal from District Court - Workers' Compensation and Injury Management Act 1981 (WA), s 254 - Appeal dismissed - Whether costs can be made against appellant

Legislation:

District Court Act 1969 (WA), s 79

Workers' Compensation and Injury Management Act 1981 (WA), s 254

Result:

Appellant to pay respondent's costs of appeal

Category: B

Representation:

Counsel:

Appellant : In person

Respondent : Mr G W Nutt

Solicitors:

Appellant : In person

Respondent : Jarman McKenna

Case(s) referred to in judgment(s):

Bonney v Compass Group (Australia) Pty Ltd [2015] WASCA 6

1 JUDGMENT OF THE COURT: The respondent has applied for an order for costs consequent upon the dismissal of the appellant's appeal: Bonney v Compass Group (Australia) Pty Ltd [2015] WASCA 6. The appellant, however, contends that as the appeal arose out of proceedings under the Workers' Compensation and Injury Management Act 1981 (WA) (the Act), this court cannot make such an order. Pursuant to an order of the court, the parties have filed written submissions on the question of costs and that question is to be decided on the papers.

2 For present purposes the background can be stated very briefly. The appellant filed an application under the Act for a determination of the liability of the respondent to pay her medical expenses and to make weekly payments of compensation from 21 March 2011 for total incapacity for work. The claim related to two injuries allegedly suffered by the appellant, a fall in the carpark at work on 1 March 2011 and a psychiatric disorder allegedly suffered as a result of incidents at work in early March 2011.

3 The appellant's claim went to arbitration,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2015] WASCA 6 (S)
Decision Date: 15 JULY 2015

CaseChat Overview and Summary

The appeal in Bonney v Compass Group (Australia) Pty Ltd arose from a dispute between the plaintiff, Bonney, and the defendant, Compass Group (Australia) Pty Ltd, regarding a workers' compensation claim. The case was heard in the Court of Appeal, which had to decide on the matter of costs associated with the appeal. The District Court had previously dismissed the plaintiff's claim for compensation and awarded costs against the plaintiff. Bonney appealed the costs decision, arguing that the District Court had erred in making the costs order.

The central legal issue before the Court of Appeal was whether the District Court had the authority to order the appellant to pay the respondent's costs of the appeal under section 254 of the Workers' Compensation and Injury Management Act 1981 (WA). The court needed to interpret the statutory provision and determine whether the District Court's decision to award costs against the appellant was consistent with the legislative framework. Additionally, the court had to consider whether the District Court's decision to award costs was just and reasonable in the circumstances of the case.

The Court of Appeal found that the District Court did have the authority to order the appellant to pay the respondent's costs of the appeal under section 254 of the Act. The court held that the statutory provision allowed for such an order and that the District Court had exercised its discretion appropriately. The court further determined that the District Court's decision to award costs was just and reasonable, given the nature and outcome of the appeal. Consequently, the Court of Appeal dismissed the appeal and confirmed the District Court's order that the appellant pay the respondent's costs of the appeal.

The final orders of the Court of Appeal were that the appeal was dismissed and that the appellant, Bonney, was to pay the respondent's costs of the appeal. This decision upheld the District Court's authority to award costs in workers' compensation appeals and affirmed the importance of adhering to the statutory provisions when determining such orders.

Orders

Orders of the court

Appellant to pay respondent's costs of appeal

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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