Return to Work Corporation of South Australia v Moore-McQuillan

[2021] SASCFC 14

SUPREME COURT OF SOUTH AUSTRALIA

(Full Court)

RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v MOORE-MCQUILLAN

[2021] SASCFC 14

Judgment of The Full Court  

(The Honourable Chief Justice Kourakis, the Honourable Justice Kelly and the Honourable Justice Bleby)

25 February 2021

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS

On 9 December 2020, this Court allowed the appellant’s appeal against a decision of the Full Bench of the South Australian Employment Tribunal, with the effect of reinstating the orders made by Olsson AJ in relation to the discontinuance of weekly payments and the rejection of the respondent’s claims for physical injuries and stress injuries in various matters.

The appellant now seeks an order that the respondent pay the appellant’s costs of the appeal.

Held per the Court:

1.  There is no proper basis to deny the successful appellant the costs of its appeal. The respondent is to pay the appellant’s costs of the appeal, to be taxed if not agreed.

Return to Work Corporation of South Australia v Moore-McQuillan [2020] SASCFC 119; Moore-McQuillan v Return to Work Corporation of South Australia [2018] SAET 139, considered.

RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v MOORE-MCQUILLAN
[2021] SASCFC 14

Full Court:   Kourakis CJ, Kelly and Bleby JJ

1. THE COURT:  On 9 December 2020, this Court delivered reasons for judgment allowing the appellant’s appeal to the Full Court from a decision of the Full Bench of the South Australian Employment Tribunal (‘The Full Bench’).[1]

   [1]     Return to Work Corporation of South Australia v Moore-McQuillan [2020] SASCFC 119.

2. On 24 August 2018, the Full Bench allowed the respondent’s appeal against the decision of Olsson AJ dated 26 July 2012.[2] The effect of the judgment of this Court was to reinstate the orders made by the trial Judge in relation to the discontinuance of weekly payments, the rejection of the respondent’s claims for certain physical injuries and the rejection of the respondent’s claims for certain stress injuries.

   [2]     Moore-McQuillan v Return to Work Corporation of South Australia [2018] SAET 139.

3. The appellant sought an order that the respondent pay the appellant’s costs of the appeal, to be agreed or taxed, and submitted that the costs orders made by the trial Judge should be reinstated.  However, on 19 February 2021, the appellant acknowledged via email that the Full Bench did not disturb the costs orders made by the trial Judge and withdrew its application in relation to the costs orders made by Olsson AJ in the principal proceedings.

4. That leaves only the appellant’s application for an order that the respondent pay its costs of the appeal.

5. We have had regard to the written submissions filed by counsel for the appellant dated 10 February 2021 and the respondent’s written submissions dated 5 February 2021.  We do not consider there is any proper basis to deny the successful appellant the costs of its appeal.

6. Accordingly, we would make the following order:

   1.The respondent in this matter is to pay the appellant’s costs of the appeal, to be taxed if not agreed.