Simon Blackwood (Workers' Compensation Regulator) v Miller
[2014] QIRC 102
•10 June 2014
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
| CITATION: | Simon | Blackwood | (Workers' | Compensation |
Regulator) v Miller [2014] QIRC 102
| PARTIES: | Simon Blackwood (Workers' Compensation | ||
| Regulator) | |||
| (Applicant) | |||
| v | |||
| Miller, Raymond | |||
| (Respondent) | |||
| CASE NO: | WC/2014/171 | ||
| PROCEEDING: | Application for Costs | ||
| DELIVERED ON: | 10 June 2014 | ||
| MEMBER: | Vice President Linnane | ||
| ORDERS : |
|
in WC/2013/15 in the amount of $8,508.35 by
1 July 2014.
| CATCHWORDS: | WORKERS' COMPENSATION LAW - COSTS - |
| Application for costs granted - Workers' Compensation and Rehabilitation Act 2003, s 558(3) | |
| Decision |
[1] This is an application by Simon Blackwood (Workers' Compensation Regulator) (Regulator) for costs arising out of a hearing before the Queensland Industrial Relations Commission (Commission) in WC/2013/15. WC/2013/15 was an application by the Regulator to have an appeal by Raymond Miller dismissed as further proceedings by the Commission were not necessary or desirable in the public interest. The Commission's decision was released on 22 November 2013.
[2] At para [65] of that decision the Commission held the following:
"Regulation 113 provides that costs are to be under the Uniform Civil Procedure Rules 1999, Schedule 3, Scale E. The Appeallant is to pay the Regulator's costs incurred by it in the defence of the Appellant's appeal in accordance with the schedule. These costs are to be paid within twenty-one (21) days of the release of this decision. Should those costs not be agreed then either party is at liberty to apply to the Commission.
[3] On 27 November 2013 the Regulator forwarded correspondence to Mr Miller requesting payment in the amount of $8,291.00. That correspondence attached a Costs Schedule in accordance with Schedule 3, Scale E of the Uniform Civil Procedure Rules claiming the following amounts in respect of the Regulator's costs on appeal:
Preparation for Trial 2,505.00 Conference Fees for Counsel ($181.00 2 x 4 hours) 724.00 Counsel's advice 201.00 Counsel's fee to appear at hearing 1,120.00 Counsel's refresher fee $750.00 x 2 days) 1,500.00 Attendance of clerk ($284.00 x 3 days) 852.00 Other application to the Commission to strike out 383.00 Disclosure - requesting 284.00 Disclosure - making 555.00 Expert Witness fees ($83.50 x 2) 167.00 [4] The Regulator sought the payment of $8,291.00 by 13 December 2013. On 9 December 2013 Mr Miller lodged a Notice of Appeal against the decision of the Commission. The hearing of this Notice of Appeal was on 22 November 2013 at which time Mr Miller withdrew his Notice of Appeal. Mr Miller did not pay the amount of $8,291.00 by 13 December 2013.
[5] On 3 April 2014 the Regulator sent further correspondence to Mr Miller seeking costs in the amount of $8,508.35 in respect of the decision of the Commission in WC/2013/15. On this occasion a further amount of $217.35 was sought for lay witness fees ($72.45 x 3). The Regulator sought a response from Mr Miller by 24 April 2014. No response was received.
[6] On 8 May 2014 the Regulator lodged the current application seeking an amount of $8,508.35 in costs.
[7] 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 $8,508.35. Mr Miller was given until 5 June 2014 to file and serve such material. No material has been filed in the Industrial Registry.
[8] In those circumstances I order that Raymond Miller pay Simon Blackwood (Workers' Compensation Regulator) the sum of $8,508.35 in costs of the matter WC/2013/15. These costs are to be paid by 1 July 2014.
[9] Order accordingly.
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