The phrase 'costs incurred' in s 78(1) of the Workers Rehabilitation and Compensation Act 2008 (NT) requires actual monetary costs to have been incurred and does not extend to the value of gratuitous attendant care services provided by family members. Where family members provide care without charge, no 'costs' capable of being paid by the employer have been 'incurred'. This means that to recover under s 78, there must be some form of financial liability — whether by contract, invoice, or other arrangement — for the attendant care services. The decision leaves open the precise ambit of 'costs incurred' beyond the gratuitous services context.
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