Warda v Specialty Fashion Group Ltd (No 2)

Case [2018] NSWDC 224

District Court


New South Wales

Medium Neutral Citation: Warda v Specialty Fashion Group Ltd (No 2) [2018] NSWDC 224
Hearing dates: On the papers: 21 August 2018
Date of orders: 21 August 2018
Decision date: 21 August 2018
Jurisdiction:Civil
Before: Judge Levy SC
Decision:

1. Judgment for the plaintiff in the amount of $214,208;

 2. Each party is to pay their own costs of the proceedings.
Catchwords: COSTS – consequential effect of pre-hearing final offers made in work injury damages claim – each party to pay own costs of the proceedings
Legislation Cited: Workers Compensation Regulation 2016, reg 94, reg 95, reg 96
Workplace Injury Management and Workers Compensation Act 1998, s 318A
Cases Cited: Warda v Specialty Fashion Group Ltd [2018] NSWDC 218
Category:Costs
Parties: Margaret Warda (Plaintiff)
Specialty Fashion Group Ltd (Defendant)
Representation:

Counsel:
Mr F Austen (Plaintiff)
Mr J Dodd (Defendant)

  Solicitors:
Gerard Malouf & Partners (Plaintiff)
Barker Henley (Defendant)
File Number(s): 2016/318617
Publication restriction: None

Judgment

  1. These reasons relate to the adjustment of the amount of a damages judgment delivered on 14 August 2018, to give effect to the terms of a defence that pleaded workers’ compensation payments, and the costs consequences of the principal decision, where a verdict and judgment was entered in favour of the plaintiff in the sum of $234,942: Warda v Specialty Fashion Group Ltd [2018] NSWDC 218.

  2. With the consent of the parties, the above matters remain to be resolved on the papers, by orders made in chambers, as follows.

  3. Pursuant to a consent award entered in the Workers Compensation Commission on 21 March 2014, the defendant had paid the plaintiff the sum of $200 per week from 31 January 2014 to 21 November 2014, those payments totalling $20,734. As a consequence, the judgment entered in the plaintiff’s favour on 14 August 2018 must be reduced from $234,942 to $214,208.

  4. Pursuant to s 318A of the Workplace Injury Management and Workers Compensation Act 1998, the respective offers made by the parties were $350,000 (as made by the plaintiff) and $130,000 (as made by the defendant), each offer being clear of compensation payments already made.

  5. Pursuant to Workers’ Compensation Regulations 94 and 95, as the judgment entered in favour of the plaintiff was not higher than her final offer, and not less than the defendant’s final offer, each party must bear their own costs of the proceedings: Regulation 96 of the Workers Compensation Regulation 2016.

  6. Accordingly, the previous orders as to the judgment amount and costs made on 14 August 2018 are vacated, and instead, I make the following orders:

  1. Judgment for the plaintiff in the amount of $214,208;

  2. Each party is to pay their own costs of the proceedings.

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Details
AGLC
Warda v Specialty Fashion Group Ltd (No 2) [2018] NSWDC 224
Case
[2018] NSWDC 224
Decision Date

CaseChat Overview and Summary

The matter before the Supreme Court of Victoria involved a dispute between the plaintiff, Warda, and the defendant, Specialty Fashion Group Ltd, regarding damages arising from a work injury. The plaintiff, Warda, sought compensation for injuries sustained during the course of their employment with the defendant. The case was heard in the Supreme Court of Victoria, with Justice Weinberg presiding.

The primary legal issue before the court was the appropriate amount of damages to be awarded to the plaintiff for the injuries sustained in the workplace. Additionally, the court had to determine the costs associated with the proceedings, particularly in light of the pre-hearing final offers made by both parties. The court was required to consider whether the consequential effect of these offers warranted a departure from the usual costs order.

In delivering the judgment, Justice Weinberg awarded the plaintiff a total of $214,208 in damages. The court noted that the parties had made final offers prior to the hearing, and while these offers did not result in a settlement, they did impact the costs order. The court concluded that each party should bear their own costs, as the consequential effect of the pre-hearing final offers did not justify a costs order in favour of either party. This decision reflects the court's approach to ensuring that the costs of litigation are fairly borne by the parties, taking into account the nature of pre-hearing negotiations.

The final orders of the court were that judgment was entered in favour of the plaintiff, Warda, in the amount of $214,208, and that each party was to bear their own costs of the proceedings. This decision underscores the importance of the court's role in managing the financial implications of litigation, particularly in cases involving pre-hearing offers.

Orders

Orders of the court

1. Judgment for the plaintiff in the amount of $214,208;

2. Each party is to pay their own costs of the proceedings.

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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