Toll Pty Ltd v Harradine (No 2)

The proceedings involved Toll Pty Ltd as the defendant and an unnamed plaintiff, referred to as the Worker, who had claimed damages under the *Motor Accidents Compensation Act 1999* (NSW). The dispute concerned the assessment of damages and the consequential costs orders, particularly in light of the Worker's claim being unsuccessful under that Act, leading to damages being assessed under the *Workers Compensation Act 1987* (NSW) and the *Workplace Injury Management and Workers Compensation Act 1998* (NSW) (WIM Act). The matter was heard by Meagher JA, Sackville AJA, and Schmidt J.

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.