Chubs Constructions Pty Ltd v Chamma (No 2)

In *Chubs Constructions Pty Ltd v Chamma (No 2)*, the New South Wales Court of Appeal considered an application for costs following an appeal in a work injury damages matter. The dispute concerned the appropriate application of various legislative provisions and court rules to the costs of the appeal itself.

The central legal issues before the Court were whether section 346 of the *Work Injury Management and Workers Compensation Act 1998* (NSW), clause 91 of the *Workers Compensation Regulation 2003* (NSW), or clause 93 of the *Workers Compensation Regulation 2003* (NSW) governed the costs of the appeal. Specifically, the Court had to determine if these provisions applied to an appeal against costs, and whether the Uniform Civil Procedure Rules (UCPR) should apply in relation to such costs, particularly in the context of ancillary proceedings.

The Court reasoned that the provisions of the *Workers Compensation Act 1998* and the *Workers Compensation Regulation 2003* were intended to govern the costs of proceedings within the workers compensation jurisdiction. However, the Court found that the specific wording of section 346 and clauses 91 and 93 did not clearly extend to appeals against costs orders made in the primary proceedings. The Court also considered the definition of "ancillary proceeding" under clause 93 and concluded that the appeal against costs did not fall within its scope. In light of the ambiguity and the specific nature of the appeal, the Court determined that it was appropriate for each party to bear their own costs of the appeal.