Carbone v AA Company Pty Ltd (No 2)

Carbone v AA Company Pty Ltd (No 2) involved a dispute between an injured worker and a former employer concerning WorkCover costs. The plaintiff sought costs against the defendant after the defendant's application to have the claim dismissed was unsuccessful. The case was heard by the Industrial Court of Queensland. The primary legal issue before the court was whether the plaintiff was entitled to recover costs from the defendant for the unreasonable delay in bringing the application to dismiss the claim. The court needed to consider whether it had the jurisdiction to award costs in the absence of a finding or allegation of unreasonable delay by the defendant.

The court examined the statutory framework provided by the WorkCover Queensland Act 1996, specifically section 325(4), which states that no jurisdiction exists to award costs where unreasonable delay was neither found nor alleged. The plaintiff argued that the defendant's delay was unreasonable, but this argument was not substantiated with evidence or findings. The court held that without such findings or allegations, there was no basis to award costs to the plaintiff. The court emphasised that the onus was on the plaintiff to demonstrate unreasonable delay to justify an award of costs. As the plaintiff failed to meet this burden, the court dismissed the defendant's application for costs.

In conclusion, the court found that since the plaintiff had not established unreasonable delay, no jurisdiction existed to award costs to the plaintiff. The court dismissed the defendant's application for costs, and no orders were made in favour of the plaintiff concerning costs. The court's decision underscores the importance of substantiating claims of unreasonable delay with evidence or findings to be eligible for costs under the WorkCover Queensland Act 1996.