Hooyer v Workers' Compensation Regulator

[2020] QIRC 163

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Hooyer v Workers' Compensation Regulator [2020] QIRC 163

PARTIES:        

Hooyer, Jessica
Appellant

v

Workers' Compensation Regulator
Respondent

CASE NO:

WC/2019/97

PROCEEDING:

Appeal against decision of the Workers' Compensation Regulator

DELIVERED ON:

4 September 2020

SUBMISSIONS:

27 & 29 May 2020 (Respondent)
10 June 2020 (Appellant)

MEMBER:

HEARD AT:

Pidgeon IC

On the papers

ORDERS:

1.       The Appellant's application for costs is dismissed.

2.       Each party bear their own costs.

CATCHWORDS:

WORKERS' COMPENSATION – APPEAL AGAINST DECISION – where the substantive matter conceded by Regulator prior to hearing - issue of costs - Each party bear their own costs.

LEGISLATION:

CASES:

Workers' Compensation and Rehabilitation Act 2003 s 558

Workers' Compensation and Rehabilitation Regulation 2014 reg 138

Industrial Relations Act 2016 s 531, s 545, s 558

Canton v Workers' Compensation Regulator [2019] QIRC 145

Gambaro v Workers' Compensation Regulator [2017] ICQ 5

Reasons for Decision

Matter to be determined

1. Jessica Hooyer, the Appellant in substantive proceedings ("the Appellant") lodged an appeal against a decision of the Workers' Compensation Regulator ("the Respondent") on 11 June 2019.

2. A Consent Order was issued by the Commission 20 April 2020 allowing the appeal and leaving the only matter outstanding between the parties being the issue of costs.

3. Following a directions order of 23 April 2020, the Appellant filed a schedule of costs and both parties filed submissions addressing the matter of costs.

4. The Appellant seeks an Order that the Respondent pay her costs and in accordance with the schedule of costs provided as mentioned above.  The quantum of costs sought by the Appellant is $9,239.50.

5. The Respondent seeks an Order the that the parties bear their own costs or in the alternative, that if the Commission makes a costs order in favour of the Appellant, that the appropriate quantum of costs is $1,730.60.

   Relevant Chronology

6. In submissions filed on 29 May 2020, the Respondent sets out a chronology of the matter.  This chronology is accepted and adopted by the Appellant.

7. As the background to the matter is not in dispute and is known to the parties, I do not intend to reproduce the chronology in this decision.

8. The relevant parts of the undisputed chronology that correspond with the Appellant's schedule of recoverable costs (filed 30 April 2020) is, in summary:

   ·10 July 2019, Appellant files the Notice of Appeal with the Commission;

   ·19 August 2019, Appellant files Statement of Facts and Contentions;

   ·1 October 2019, Regulator files Statement of Facts and Contentions;

   ·18 October 2019, Appellant requested an extension of time to file and serve her List of Witnesses and Outline of Evidence and Medical Reports which the Regulator immediately consented to;

   ·Regulator made arrangements to confer with witnesses on 1 November 2019 to enable it to provide its outlines of evidence and list of witnesses in accordance with the Directions Order;

   ·29 October 2019, Appellant files her list of witnesses. In the Outline of Evidence for expert witnesses, the Appellant advised that: "Various medical experts will give evidence…