Toll Pty Ltd v Harradine (No 2)

[2017] NSWCA 75

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Workers compensation proceedings
4. › Whether appeal proceedings 'in or in relation to a claim for work injury damages'
5. › Whether costs regime under Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 346 displaces general discretionary costs power
6. › Proceedings claiming damages under Motor Accidents Compensation Act 1999 (NSW) resulting in assessment under workers compensation regime
7. › Whether sufficient nexus with claim for work injury damages
8. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 346(1)
9. › Workers Compensation Regulation 2016 (NSW), reg 96
1. Workers Compensation
2. › Work injury damages
3. › Assessment of damages
4. › Past loss of earning capacity
5. › Adjustment following appellate correction of net weekly earnings figure
6. › Workers Compensation Act 1987 (NSW), Pt 5

Quick Take

Where an appeal concerns whether a worker's claim is to be assessed under the Motor Accidents Compensation Act 1999 (NSW) or as work injury damages under the workers compensation regime, the appeal proceedings are 'in or in relation to a claim for work injury damages' within s 346(1) of the WIM Act, displacing the general costs discretion under s 98 of the Civil Procedure Act 2005 (NSW) and requiring application of the workers compensation costs regulations.