Suresh v Jacon Industries Pty Ltd (No. 2)

This matter concerned an appeal before the Supreme Court of New South Wales, arising from proceedings in the District Court. The dispute involved an offer of compromise made under the District Court Rules and the implications of payments made under the *Workers Compensation Act 1987* (NSW) for the costs of the appeal.

The primary legal issues before the Court were whether an offer of compromise made in the District Court extended to the costs of an appeal, and whether the possibility of workers compensation payments exceeding any ultimate award at a new trial constituted a sufficient reason to depart from the usual rule that costs follow the event of the appeal.

The Court reasoned that it is usual for appellate courts to award costs of an appeal to follow the outcome of the appeal, and there was no reason to depart from this principle in the present case. The Court noted that the possibility of a retrial outcome being affected by various factors, including workers compensation payments, did not warrant making the costs order conditional on such future events. The Court also addressed the costs of a separate application to vary previous orders, finding that the respondent should bear the appellant's costs of that application as the grounds for success could have been raised in original submissions.

The Court ordered that the previous orders be varied. Specifically, the costs of the proceedings in the District Court were to be in the discretion of the judge to whom the matter was remitted. The respondent was ordered to pay the appellant's costs of the appeal, including the costs of the further application to vary the orders, and to have a certificate under the *Suitors Fund Act 1951* (NSW) if qualified.