Habermann v Cook Shire Council

SUPREME COURT OF QUEENSLAND

CITATION: 

Habermann v Cook Shire Council [2021] QSC 172

PARTIES:

ELLANNA STORM HABERMANN

(applicant)
v
COOK SHIRE COUNCIL

(respondent)

FILE NO/S:

290 of 2020

DIVISION:

Trial

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court of Queensland at Cairns

DELIVERED EX TEMPORE ON:

21 May 2021

DELIVERED AT:

Cairns

HEARING DATE:

21 May 2021

JUDGE:

Henry J

ORDER:

The respondent will pay the applicant’s costs of that part of the application which related to paragraph 1(a) of its application, to be assessed on the standard basis if not agreed. 

CATCHWORDS:

WORKERS’ COMPENSATION – MISCELLANEOUS MATTERS – INTERLOCUTORY APPLICATION – COSTS – where the applicant is a worker to whom chapter 5 part 12 division 2 Worker’s Compensation Rehabilitation Act 2003 (Qld) applies – where section 316(1) of division 2 precludes an order about costs by the court “in the claimant’s proceeding” other than allowed under s 316 – where s 318C exists as an exception to s 316 where there is an interlocutory application – whether the “interlocutory application” referred to in s 318C is one brought in the claimant’s proceeding – whether costs should be ordered with respect to an interlocutory application for disclosure of comparative wages documents and opposing counsel’s advice – whether the application was concerned with the progression of a filed claim rather than events prior thereto – whether the application was brought because of unreasonable delay by the respondent

Uniform Civil Procedure Rules 1999 (Qld), r 223(4)

Worker’s Compensation Rehabilitation Act 2003 (Qld), s 316, s 318 C

Berhane v Woolworths Limited (No 2) [2013] QDC 208, applied
Brown v Marine Contracting Pty Ltd & Ors (No 2) [2012] QSC 345, applied
Hinrichsen v Glencore Queensland Limited [2019] QSC 112, cited

Muckermann v Skilled Group Limited & Anor (No 2) [2013] QSC 194, applied

COUNSEL:

J Greggory QC for the applicant

R Morton for the respondent

SOLICITORS:

Organic Legal for the applicant
Jensen McConaghy for the respondent

The applicant plaintiff is a worker to whom chapter 5 part 12 division 2 Worker’s Compensation Rehabilitation Act 2003 (Qld) applies, pursuant to s 315 of that Act.  Section 316(1) of division 2 precludes an order about costs by the court “in the claimant’s proceeding” other than allowed under s 316.  Section 316(2) goes on to stipulate costs orders which can be made, depending, in summary, on the outcome of the proceeding and whether or not the court’s ordered damages equals or betters the worker’s final written offer.

In an apparent exception to s 316, s 318C provides:

“An order about costs for an interlocutory application may be made under division 2 only if the court is satisfied that the application has been brought because of unreasonable delay by one of the parties.”

That s 316 speaks of costs “in the claimant’s proceeding” makes it obvious that the “interlocutory application” referred to in s 318C is one brought in the claimant’s proceeding.  As McGill DCJ put it in Berhane v Woolworths Limited (No…