Islam v Linfox Australia Pty Ltd

[2024] NSWCA 39

NSW Court of Appeal

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Interrogate

Catchwords

1. Negligence
2. › Work injury damages
3. › Delivery driver
4. › Challenges to factual findings on appeal
5. › Whether breach of duty of care
6. › Whether injury caused by employment
7. › Fox v Percy standard for appellate review of credibility findings
1. Evidence
2. › Expert evidence
3. › Joint expert report
4. › Admissibility of expert opinions on ultimate issues
5. › Whether ergonomists' conclusions on breach of duty were admissible
1. Costs
2. › Work injury damages
3. › Applicable costs regime
4. › Workers Compensation Regulation 2016 (NSW), Pt 17 Div 3
5. › Whether costs should be awarded under UCPR or workers compensation legislation
6. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 346

Quick Take

Costs in work injury damages claims are governed by Pt 17, Div 3 of the Workers Compensation Regulation 2016 (NSW), not the UCPR, and cl 95(2) mandates costs against an unsuccessful claimant on a party and party basis.

Case Details

Citation[2024] NSWCA 39

CourtNSWCA

JurisdictionNew South Wales

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