Wren v the Workers' Compensation Regulator

[2016] QIRC 27

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

Wren v the Workers' Compensation Regulator [2016] QIRC 027

PARTIES:  

Wren, Jonathan
(applicant)

v

the Workers' Compensation Regulator
(respondent)

CASE NO:

WC/2013/28

PROCEEDING:

Application by respondent for costs

DELIVERED ON:

24 February 2016

HEARING DATE: 

24 February 2016

HEARD AT:

Brisbane

MEMBER:

Industrial Commissioner Fisher

ORDER:

1.      That Jonathan Wren pay the Workers' Compensation Regulator's costs in the sum of $11,886.25; and

2.       That such amount be paid within 28 days of the date of hearing.

CATCHWORDS:

WORKERS' COMPENSATION - APPEAL AGAINST DECISION - APPLICATION FOR COSTS - where appellant ordered to pay respondent's costs - where respondent made several attempts to have appellant meet that order - where appellant failed to do so - costs ordered.

APPEARANCES:

There was no appearance for the Appellant.
Mr S. Gray, Counsel directly instructed by Ms J. Webb, for the Respondent.

Report on Decision (as edited)

In giving her Decision from the Bench on 24 February 2016, Industrial Commissioner Fisher stated:

"This is an application by the Workers' Compensation Regulator filed on 5 January 2016 seeking costs in WC/2013/28.  Mr Wren was ordered to pay costs by the Commission in its Decision of 12 November 2013.[1]

[1] Jonathan James McMillan Wren AND Simon Blackwood (Workers' Compensation Regulator) (WC/2013/28) - Decision

The Commission has read the application by the Regulator and the Affidavit of Ms J. Webb of 5 January 2016, which sets out the background to the application.

On 3 December 2013 Mr Wren filed an Application to Appeal the decision of 12 November 2013 (C/2013/48) and that matter was subsequently discontinued on 8 January 2014.

The Regulator has made several attempts to have Mr Wren pay the costs as ordered by the Commission.  He has failed to do so, hence the Regulator's application for hearing today.

The Commission is satisfied that the amount of costs being sought by the Regulator, both in terms of the substantive application and the costs for bringing this application, are reasonable and are ones that I should order.

The Commission Orders:

1.       that Jonathan Wren pay the Workers' Compensation Regulator's costs in the total sum of $11,886.25; and

2.       that such amount be paid within 28 days of the date of this hearing."