The court was divided on whether the Industrial Relations Court has supervisory jurisdiction over solicitors' costs under s 41 of the Workmen's Compensation Act 1971 (SA) and whether limitation periods apply to such claims. Blue J (with Nicholson J agreeing) held the court has such jurisdiction and limitation periods do not apply; Hinton J held the court lacks jurisdiction; Nicholson J held limitation periods do apply. The court unanimously held that Anshun estoppel does not bar a costs claim under s 41 where the earlier proceedings were a professional negligence action that conventionally excluded costs issues. An appellate court commits an error of law if it finds abuse of process on a ground (improper purpose) not raised by the respondent and not decided below, without affording procedural fairness.
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