Pacific Steel Constructions Pty Limited v Barahona (No 2)

[2010] NSWCA 9

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Slip rule
4. › Amending costs order
5. › Whether court may correct costs order made without regard to mandatory statutory costs regime
6. › Uniform Civil Procedure Rules 2005 (NSW), r 36.17
1. Costs
2. › Award of costs in workplace injury matters
3. › Mandatory statutory costs regime
4. › No offers of settlement at mediation
5. › Parties to bear own costs
6. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 346
7. › Workers Compensation Regulation 2003 (NSW), cls 89, 90, 91, 94
1. Workers Compensation
2. › Work injury damages
3. › Costs in workplace injury matters
4. › Costs governed by Workplace Injury Management and Workers Compensation Act and Workers Compensation Regulation
5. › Whether UCPR r 42.1 displaced by statutory regime

Quick Take

Costs in work injury damages proceedings, including on appeal, are governed mandatorily by the WIM Act s 346 and the Workers Compensation Regulation 2003, cls 89-94, displacing UCPR r 42.1. Where no offers of settlement are made at mediation, cl 91 requires each party to bear its own costs and the court has no discretion to order otherwise. A costs order made in error by failing to advert to this regime may be corrected under the slip rule (UCPR r 36.17) or the court's inherent jurisdiction.