Zdziarski and Telstra Corporation Limited (Compensation)

This matter concerned an application by Mr Zdziarski for costs associated with the briefing and appearance of Senior Counsel in proceedings against Telstra Corporation Limited. The substantive decisions in three separate applications had been made, with Telstra found liable to pay compensation to Mr Zdziarski for injuries to his lumbar spine and left shoulder, and for Major Depressive Disorder. A third application concerning pharmaceutical expenses was remitted to Telstra for reconsideration.

The court was required to determine whether the costs order in favour of Mr Zdziarski should include the fees of Senior Counsel. Mr Zdziarski argued that the briefing of Senior Counsel was justified by the complexity of the proceedings, which involved three distinct applications, a considerable volume of factual and expert material across three medical specialties, and a complex litigation history concerning his psychological injury. He also highlighted the significant amounts of money involved, the respondent's initial denial of liability for incapacity, and the importance of the outcome to him.

In considering the application, the court referred to the principles established in *Stanley v Phillips*, which emphasise that costs orders are concerned with the attainment of justice and the presentation of a case in a manner that allows for a just result. The court acknowledged Mr Zdziarski's desire for a favourable outcome and the respondent's late concession regarding his total incapacity. However, the court found that, despite the factors raised by Mr Zdziarski, the amounts in issue in the compensation jurisdiction, even when combined with other considerations, did not warrant the briefing of Senior Counsel at the respondent's expense.

Accordingly, Telstra Corporation Limited was ordered to pay the costs of each of the proceedings incurred by Mr Zdziarski, with the exception of the costs associated with engaging Senior Counsel.