Ryan v Bourke and District Mulitpurpose Child Care Centre Co-operative Limited trading as Bourke Child Care Centre

In this appeal, Ann Maria Ryan sought to challenge the Registrar's assessment of costs in relation to her workers compensation claim against Bourke and District Multipurpose Child Care Centre Co-operative Limited trading as Bourke Child Care Centre. The appeal was heard by Acting Deputy President Elizabeth Tydd on 15 February 2007. The primary issues were whether the Registrar erred in determining certain items claimed pursuant to the Compensation Costs Table and the costs of disbursements.

The Acting Deputy President found that the Registrar did not err in disallowing certain claims, such as for the referral of insurer's reports and preparing a statement from the claimant. However, the Registrar did err in disallowing the claim for briefing a factual investigator and the claim for reporting to the client following teleconferences and a conciliation conference. The Acting Deputy President allowed these claims, increasing the total assessment of costs by $899.25 to $10,986.89. The Registrar's disallowance of the costs of the private investigator's report was also found to be in error, and the costs of obtaining the claimant's statement were allowed as a disbursement. The Acting Deputy President ordered that Bourke Child Care pay Ryan $275.00 inclusive of GST in respect of her costs in this appeal.