Sharp v Emicon Pty Ltd

The plaintiff, Sharp, was involved in a personal injury claim against the first defendant, Emicon Pty Ltd, and the second defendant, the Commonwealth. The plaintiff sought to recover costs incurred in relation to the proceedings, including costs associated with a successful third defendant. The court was required to determine whether the Workers Compensation Regulation 2010 applied to the plaintiff’s costs, whether the plaintiff should pay the costs of the third defendant, whether the plaintiff was entitled to a Bullock or Sanderson order in respect of those costs, whether the third defendant was entitled to any costs on an indemnity basis, and whether there should be any order for the costs of the cross claims.

The court considered the relevant provisions of the Workers Compensation Regulation 2010 and determined that the regulation did not apply to the plaintiff’s costs. The court further found that the plaintiff was not entitled to a Bullock or Sanderson order in respect of the costs of the third defendant. The court also held that the third defendant was not entitled to any costs on an indemnity basis, and there should be no order for the costs of the cross claims.

As a result of the court's findings, the plaintiff was ordered to pay the costs of the third defendant, but no costs were awarded on an indemnity basis or in respect of the cross claims. The court's decision provides clarity on the application of the Workers Compensation Regulation 2010 to personal injury claims and the circumstances in which a Bullock or Sanderson order may be granted.