Court of Appeal Costs

In Grills v Leighton Contractors Pty Limited (No 2) [2015] NSWCA 348 the Court of Appeal accepted that it made an error in ordering an employer to pay a proportion of a worker’s costs in relation to an appeal from a Work Injury Damages decision.    The Court held that the Workers’ Compensation Act and Regulations apply to Orders made by the Court of Appeal in determining an appeal from a Work Injury Damages determination.

On that basis, Regulation 106 applied:-

106 Costs in other cases   Except as provided by this Subdivision, the parties to court proceedings for Work Injury Damages are to bear their own costs”.

The Court therefore set aside the Order and ordered that as between the employer and the worker each party was to bear its own costs of the appeal.