Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Toll Pty Ltd v Harradine (No 2) [2017] NSWCA 75 Hearing dates: On the papers Decision date: 10 April 2017 Before: Meagher JA, Sackville AJA, Schmidt J Decision: 1. In lieu of Orders 1 and 2 made by the primary Judge on 3 March 2016 make the following orders:
(1) Judgment for the plaintiff (Worker) in the sum of $660,898.00.
(2) Note that the defendant (Toll) is entitled to a credit of $71,631.00 for workers compensation payments already made to the Worker.
(3) Note that Toll is further entitled to a credit of $400,000.00 pursuant to an order made by McLoughlin DCJ on 4 April 2016.
(4) No order as to the costs of the District Court proceedings, with the intent that each party should bear his or its own costs.
2. No order as to the costs of the appeal with the intent that each party should bear his or its own costs.Catchwords: COSTS – proceedings unsuccessfully claiming damages under the Motor Accidents Compensation Act 1999 (NSW) – consequence is that damages are assessed under the Workers Compensation Act 1987 (NSW) and the Workplace Injury Management and Workers Compensation Act 1998 (NSW) (WIM Act) – whether proceedings “in relation to a claim for work injury damages” within s 346(1) of the WIM Act Legislation Cited: Civil Procedure Act 2005 (NSW), s 98
Workers Compensation Regulation 2003 (NSW), reg 91
Interpretation Act 1987 (NSW), s 30(1)(c), (e)
Motor Accidents Compensation Act 1999 (NSW)
Workers Compensation Act 1987 (NSW), Pt 5
Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 346, Pt 6
Workers Compensation Regulation 2010 (NSW), reg 104
Workers Compensation Regulation 2016 (NSW), regs 94, 96, Sch 8 cl 39(1)Cases Cited: Chubs Constructions Pty Ltd v Chamma (No 2) (2010) 78 NSWLR 679; [2010] NSWCA 225
Fox v Wood (1981) 148 CLR 438; [1981] HCA 41
Smith v Sydney West Area Health Service (No 2) [2009] NSWCA 62
Toll Pty Ltd v Harradine [2016] NSWCA 374Category: Costs Parties: Toll Pty Ltd (Appellant)
Jay Anthony Harradine (Respondent)Representation: Solicitors:
BBW Lawyers (Appellant)
Herbert Weller (Respondent)
File Number(s): 2016/87874 Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Civil
- Date of Decision:
- 3 March 2016
- Before:
- McLoughlin DCJ
- File Number(s):
- 2013/8504
Judgment
-
THE COURT: On 21 December 2016, this Court made the following orders:[1]
(1) Appeal allowed.
(2) Set aside the judgment for the respondent in the sum of $1,070,499.00 given on 3 March 2016.
(3) Set aside the costs order made against the appellant by the primary Judge on 4 March 2016.
(4) Direct the parties to bring in agreed short minutes of order on or before 25 January 2017 giving effect to these reasons for judgment.
(5) If the parties are unable to agree, each should file short minutes of order proposed together with brief written submissions not exceeding four pages on or before 25 January 2017.
1.
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- Case
- [2017] NSWCA 75
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the Worker's proceedings, which ultimately resulted in damages being assessed under the WIM Act, constituted proceedings "in relation to a claim for work injury damages" for the purposes of s 346(1) of the WIM Act. This determination was critical for establishing the appropriate costs orders for the District Court proceedings.
The court reasoned that the initial claim under the *Motor Accidents Compensation Act 1999* (NSW) was unsuccessful, and the subsequent assessment of damages fell within the ambit of the WIM Act. Consequently, the proceedings were considered to be "in relation to a claim for work injury damages" as contemplated by s 346(1) of the WIM Act. This interpretation led the court to conclude that the usual costs orders applicable to such claims should not apply.
In lieu of the primary judge's orders, the court ordered judgment for the plaintiff (Worker) in the sum of $660,898.00, noting credits for workers compensation payments already made and a further credit of $400,000.00. Crucially, the court made no order as to the costs of the District Court proceedings, stipulating that each party should bear their own costs. Similarly, no order was made as to the costs of the appeal, with each party to bear their own costs.
Orders
Orders of the court
1. In lieu of Orders 1 and 2 made by the primary Judge on 3 March 2016 make the following orders:
(1) Judgment for the plaintiff (Worker) in the sum of $660,898.00.
(2) Note that the defendant (Toll) is entitled to a credit of $71,631.00 for workers compensation payments already made to the Worker.
(3) Note that Toll is further entitled to a credit of $400,000.00 pursuant to an order made by McLoughlin DCJ on 4 April 2016.
(4) No order as to the costs of the District Court proceedings, with the intent that each party should bear his or its own costs.
2. No order as to the costs of the appeal with the intent that each party should bear his or its own costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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