QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | RW & G Johnston Pty Ltd v Workers' Compensation Regulator and Anor [2024] QIRC 265 |
PARTIES: | RW & G Johnston Pty Ltd (Appellant) v Workers' Compensation Regulator (First Respondent) AND Durston, Peta (Second Respondent) |
CASE NO.: | WC/2021/146 |
PROCEEDING: | Applications for costs |
DELIVERED ON: | 15 November 2024 |
HEARING DATES: | 22 March 2024 |
MEMBER: HEARD AT: | Merrell DP Brisbane |
ORDERS: | The orders contained in paragraph [155] of these reasons for decision |
| CATCHWORDS: | PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – OFFERS OF COMPROMISE, PAYMENTS INTO COURT AND SETTLEMENTS – OFFER OF COMPROMISE OR OFFER TO SETTLE OR CONSENT TO JUDGMENT PURSUANT TO RULES – the Appellant employed the Second Respondent who successfully made an application to WorkCover Queensland for workers' compensation – the Appellant, pursuant to the Workers' Compensation and Rehabilitation Act 2003, applied for a review of the WorkCover Queensland decision with the First Respondent – the First Respondent confirmed the earlier decision of WorkCover Queensland – the Appellant appealed against the First Respondent's decision to the Queensland Industrial Relations Commission – the First Respondent subsequently advised the Commission that it would not take an active role in the Appellant's appeal and the Second Respondent elected to be a party to the Appellant's appeal – directions made for the hearing and determination of the Appellant's appeal including trial dates – consent order then made that the Appellant's appeal be allowed, that the Second Respondent's application for workers' compensation was not one for acceptance, that the parties were at liberty to apply for costs and that the Second Respondent's application to vacate the trial dates be granted – Appellant applied for a costs order against the First Respondent, under s 132(3) of the Workers' Compensation Regulation 2014, with a fifty percent uplift – Appellant also applied for a costs order against the Second Respondent, on the indemnity basis or on the standard basis under s 545 of the Industrial Relations Act 2016 or, in the alternative, under s 132(3) of the Workers' Compensation Regulation 2014 with a fifty percent uplift – whether s 545 of the Industrial Relations Act 2016 is a source of power to award costs against the Second Respondent – whether a costs order can be made against the First Respondent and the Second Respondent under s 132 of the Workers' Compensation Regulation 2014 in the circumstances of the case – s 545 of the Industrial Relations Act 2016 is not a source of power to award costs against the Second Respondent – s 132 of the Workers' Compensation Regulation 2014, in the circumstances of the case, is not a source of power to award costs against the First Respondent and the Second Respondent – the Appellant's applications for costs against the First Respondent and the Second Respondent dismissed |
| LEGISLATION: | Acts Interpretation Act 1954, s 14A Industrial Relations Act 1999, s 274 and s 677 Industrial Relations Act 2016, s 487, s 541, s… |
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- Case
- [2024] QIRC 265
- Decision Date
CaseChat Overview and Summary
The court examined whether section 545 of the Industrial Relations Act 2016 could be a basis for awarding costs against the second respondent. It was determined that this section did not provide the necessary authority for such an award. Additionally, the court assessed whether section 132 of the Workers' Compensation Regulation 2014 could be invoked to grant costs against both the first and second respondents, given the specific circumstances of the case. The court concluded that this section did not serve as a source of power to award costs in these particular circumstances. Consequently, the appellant's applications for costs against both the Regulator and the employee were dismissed.
The court's reasoning was grounded in the interpretation of statutory provisions and the precedent set by previous cases. It found that the Commission was not bound by certain decisions that applied section 545 of the Industrial Relations Act 2016 to similar appeals. Furthermore, it held that QNMU was not binding authority on the matter, and upon construction, section 545 did not apply to the appeals under the Workers' Compensation and Rehabilitation Act 2003.
The final orders were that the appellant's applications for costs against the Workers' Compensation Regulator and the employee were dismissed.
Orders
Orders of the court
The orders contained in paragraph [155] of these reasons for decision
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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