Stellas v Workers' Compensation Regulator No. 2
[2018] QIRC 51
•26 April 2018
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Stellas v Workers' Compensation Regulator No. 2 [2018] QIRC 051 |
PARTIES: | Spiro Stellas v Workers' Compensation Regulator |
CASE NO: | WC/2016/88 |
PROCEEDING: | Application for Costs |
DELIVERED ON: | 26 April 2018 |
HEARING DATE: | 16 April 2018 |
MEMBER[S]: HEARD AT: | Vice President Linnane Brisbane |
ORDERS: | 1. The Appellant, Mr Spiro Stellas, is to pay the Workers' Compensation Regulator an amount of $5,460.75 in costs. 2. The amount of $5,460.75 is to be paid to the Workers' Compensation Regulator within twenty-one (21) days of release of this decision. |
| CATCHWORDS: | WORKERS' COMPENSATION LAW – COSTS – Application granted. |
LEGISLATION: | Workers' Compensation and Rehabilitation Act 2003 |
| APPEARANCES: | No appearance for the Appellant. |
Reasons for Decision
On 26 October 2017 I delivered a decision in Stellas v Workers' Compensation Regulator[1] wherein I dismissed an appeal by Mr Spiro Stellas (Appellant) against a decision of the Workers' Compensation Regulator (Regulator) made pursuant to the Workers' Compensation and Rehabilitation Act 2003. In that decision I ordered the Appellant to pay the Regulator the costs of and incidental to the appeal to be agreed or failing agreement, the parties were given liberty to apply.
[1] Stellas v Workers' Compensation Regulator [2017] QIRC 097
In correspondence received by the Industrial Registry on 20 March 2018 the Regulator sought an order that the Appellant pay the Regulator an amount of $5,460.75 in costs. In that correspondence the Regulator outlined the attempts it had made to have the Appellant pay those costs. These attempts had been unsuccessful.
On 9 April 2018 I arranged for a Notice of Listing of a hearing in relation to the matters raised in the Regulator's correspondence of 20 March 2018. At the time I was aware of difficulties associated with contacting the Appellant during the course of his appeal. I therefore arranged for my Associate to call the Appellant and advise him that a hearing in relation to a costs application by the Regulator was arranged for 16 April 2018 at 2.30pm. The Appellant answered that telephone call and was advised orally of the hearing. The Appellant was further advised that a Notice of Listing was being e-mailed to him that afternoon and that he needed to make arrangements to get that e-mail. This was the manner in which my Associate had previously made contact with the Appellant and he would then arrange to view the e-mail.
The Notice of Listing was also forwarded to the Appellant via AusPost Express Post on 9 April 2018.
The Appellant was further advised in that conversation that if he failed to attend the hearing on 16 April 2018 that I would hear the matter in his absence. During the course of the hearing on the costs application I had my Associate give evidence as to this telephone conversation with the Appellant and the sending of the Notice of Listing on 9 April 2018 to the Appellant. I am satisfied that the Appellant was aware of the hearing on 16 April 2018. I am further satisfied that the Appellant received the e-mail transmission notifying the Appellant of the time and date of his hearing. In this regard I rely upon the provisions of the Electronic Transactions (Queensland) Act 2001 and in particular to s 24 of that Act.
The Appellant failed to appear at the hearing and neither my office nor the Industrial Registry received any communication from the Appellant during the period 9 April 2018 to 16 April 2018 giving any explanation as to the Appellant's non-attendance at the hearing on 16 April 2018.
Correspondence from the Regulator dated 24 November 2017 to the Appellant was tendered which outlined the costs being sought by the Regulator. Those costs are as follows:
Item 5 (a)Preparation for trial 2,505.00
Item 6 (d)Conference fees for counsel ($181.00 x 3 Hrs) 543.00
Item 6 (f) Counsel's fee to appear at hearing 1,120.00
Item 8 (b) Attendance of clerk ($284.00 x 1 day) 284.00
Item 11 (a) (i) Disclosure - requesting 284.00
Item 11 (a) (ii) Disclosure - making 555.00
Misc. Expert witness ($90.85 - Dr Greg Day) 90.85
Misc. Lay witness fees ($78.90 x 1 lay witness) 78.90
TOTAL$5,460.75
Those details were also contained in correspondence forwarded by the Regulator via Express Post to the Appellant dated 9 April 2018. The Regulator arranged for this correspondence to be tracked by Australia Post and that tracking revealed that the correspondence was delivered at 12:52pm on Wednesday 11 April 2018. I have no difficulty with the calculation of those costs by the Regulator. The costs have been calculated by reference to s 132(2) of the Workers' Compensation and Rehabilitation Regulation 2014.
In circumstances where the Appellant has provided no reason why costs should not be awarded in this matter, I order that the Appellant pay the Regulator an amount of $5,460.75 in costs. These costs are to be paid by the Appellant within twenty-one (21) days of release of this decision.
Orders:
1.The Appellant, Mr Spiro Stellas, is to pay the Workers' Compensation Regulator an amount of $5,460.75 in costs.
2.The amount of $5,460.75 is to be paid to the Workers' Compensation Regulator within twenty-one (21) days of release of this decision.
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