Grace v Workers' Compensation Regulator (No. 2) - [2023] QIRC 287

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	Grace v Workers' Compensation Regulator (No. 2) [2023] QIRC 287
PARTIES:	Grace, Julie Elizabeth (Appellant) v Workers' Compensation Regulator (Respondent)
CASE NO.:	WC/2018/229
PROCEEDING:	Appeal against decision of Workers' Compensation Regulator
DELIVERED ON:	4 October 2023
MEMBER:	Power IC
HEARD AT:	On the papers
ORDER:	The Respondent pay the Appellant's costs of the hearing fixed in the sum of $ 3,820.60
CATCHWORDS:	WORKERS' COMPENSATION –ENTITLEMENT TO AND LIABILITY FOR COMPENSATION - APPEAL AGAINST REVIEW DECISION - COSTS - appeal decision in favour of Appellant - whether costs of the hearing should follow the event - costs order in favour of Appellant
LEGISLATION:	Industrial Relations Act 2016 (Qld), s 545 Uniform Civil Procedure (Fees) Regulation 2019 (Qld) Uniform Civil Procedure Rules 1999 (Qld), sch 2 pt 2 scale C Workers' Compensation and Rehabilitation Act 2003 (Qld), ss 11, 32 and 558 Workers' Compensation and Rehabilitation Regulation 2014 (Qld), r 132
CASES:	Nathwani v Workers' Compensation Regulator (No 2) [2021] QIRC 351 Pritchard v Q-Comp [2006] ICQ 017 The University of Queensland v Workers' Compensation Regulator (No 2) [2022] QIRC 245 Truffet v Workers' Compensation Regulator [2020] ICQ 013 Workers' Compensation Regulator v Queensland Nurses and Midwives Union of Employees (No 2) [2021] ICQ 013

Reasons for Decision

In a decision dated 20 August 2021, an order was made setting aside the Respondent's decision and substituting another decision ('the substantive decision') that the Appellant suffered an injury pursuant to s 32 of the Workers' Compensation and Rehabilitation Act 2003 (Qld) ('WCR Act').
In the substantive decision a further order was made that the parties would be heard on costs.

Legislative framework

Section 558 of the WCR Act provides:
558 Powers of appeal body
(1)In deciding an appeal, the appeal body may—
(a)confirm the decision; or
(b)vary the decision; or
(c)set aside the decision and substitute another decision; or
(d)set aside the decision and return the matter to the respondent with the directions the appeal body considers appropriate.
(2)If the appeal body acts under subsection (1)(b) or (c), the decision is taken for this Act, other than this part, to be the decision of the insurer.
(3)Costs of the hearing are in the appeal body's discretion, except to the extent provided under a regulation.
Section 132 of the Workers' Compensation and Rehabilitation Regulation 2014 (Qld) ('the Regulation') provides:
132 Costs—proceeding before industrial magistrate or industrial commission
(1)A decision to award costs of a proceeding heard by an industrial magistrate or the industrial commission is at the discretion of the magistrate or commission.
(2)If the magistrate or commission awards costs—
(a)costs in relation to counsel's or solicitor's fees are as under the Uniform Civil Procedure Rules 1999, schedule 2, part 2, scale C; and
(b)costs in relation to witnesses' fees and expenses are as under the Uniform Civil Procedure (Fees) Regulation 2019, part 3; and
(c)costs in relation to bailiff's fees are as under the Uniform Civil Procedure (Fees) Regulation 2019, schedule 2, part…

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.

Keep reading for free

Create a free CaseChat account to read Grace v Workers' Compensation Regulator (No. 2) and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2023] QIRC 287
Decision Date: 4 October 2023

CaseChat Overview and Summary

This case involved an appeal by the Appellant against a decision of the Workers' Compensation Regulator. The dispute was about the Appellant's entitlement to workers' compensation and the liability of the Respondent for the compensation. The case was heard and determined by the court, which was required to decide on several legal issues. These included whether the appeal decision in favour of the Appellant should result in the Respondent being liable for the Appellant's costs of the hearing, and if so, the amount of those costs.

The court examined the relevant legislation and case law to determine the appropriate legal principles to apply. It considered whether the costs of the hearing should follow the event, meaning that the losing party should pay the costs of the winning party. The court concluded that the appeal was successful and that the Respondent should bear the Appellant's costs of the hearing. It made an order that the Respondent pay the Appellant's costs in the sum of $3,820.60. The court's decision was based on the fact that the appeal was successful and that the Appellant had incurred costs as a result of the hearing. The court found that it was appropriate for the costs to follow the event and for the Respondent to bear those costs.

Overall, the court's decision was based on a careful consideration of the relevant legal principles and the facts of the case. The court concluded that the Respondent should bear the Appellant's costs of the hearing and made an order to that effect. This decision provides guidance for future cases involving workers' compensation and the liability for costs.

Orders

Orders of the court

The Respondent pay the Appellant's costs of the hearing fixed in the sum of $ 3,820.60

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.