Simon Blackwood (Workers' Compensation Regulator) v Miller

[2014] ICQ 16

INDUSTRIAL COURT OF QUEENSLAND

CITATION:        

Simon Blackwood (Workers' Compensation Regulator) v Miller [2014] ICQ 16

PARTIES:

Simon Blackwood (Workers' Compensation Regulator)
(Applicant)

v

Miller, Raymond
(Respondent)

CASE NO:

C/2014/26

PROCEEDING:

Application for Costs in an Appeal

DELIVERED ON:

10 June 2014

MEMBER:

Vice President Linnane

ORDERS  :

1.      The Respondent to pay the Applicants costs in C/2013/49 in the amount of $3,977.50 by 1 July 2014.

CATCHWORDS:

WORKERS' COMPENSATION LAW - COSTS - Application for costs granted - s 563 of Workers' Compensation and Rehabilitation Act 2003, s 563

Decision

1. On 28 February 2014 the President had before him an appeal by Raymond Miller (C/2013/49) against a decision of the Commission given in W/2013/13. The Respondent in that matter was Simon Blackwood (Workers' Compensation Regulator) (Regulator).  On the transcript of that proceeding Mr Miller withdrew his appeal in C/2013/49.

2. Following that withdrawal, the President held that Mr Miller's appeal was "instituted without reasonable cause and as such the discretion in section 563 is enlivened … I order that the appellant pay the respondent's costs of this matter on the standard basis". On 3 April 2014 the Regulator wrote to Mr Miller enclosing a schedule of the Regulator's costs in the appeal and requesting payment of those costs by 24 April 2014.

3. The Regulator filed an application for its costs of the appeal on 22 May 2014 when it had not received a response from Mr Miller.  Included in the application for costs was a Schedule of Costs based on the Uniform Civil Procedures Rules, Schedule 1 which specified the following costs being sought by the Regulator:

   ·Counsel's perusal of transcripts and the Appellants outline

   of argument (Item 1)  $   497.00

·Counsel's preparation of written submissions and appearance

at hearing  $3,480.50

1. On 27 May 2014 a Directions Order was issued requiring Mr Miller to file in the Industrial Registry and serve on the Regulator any material he wished to rely upon in response to the Regulator's claim for costs in the amount of $3,977.50.  Mr Miller was given until 5 June 2014 to file and serve that material.  No material has been filed in the Industrial Registry,

1. In those circumstances I order that Raymond Miller pay Simon Blackwood (Workers' Compensation Regulator) the sum of $3,977.50 in costs of the appeal in C/2013/49.  These costs are to be paid by 1 July 2014.

2. Order accordingly.