Concept Engineering (Aust) Pty Ltd v UGL Unipart Rail Services Pty Ltd [2020] NSWDC 536

District Court New South Wales

Medium Neutral Citation: Concept Engineering (Aust) Pty Ltd v UGL Unipart Rail Services Pty Ltd [2020] NSWDC 536 Hearing dates: 2, 3, 4, 5, 6, 11 December 2019; 7 April, 13 May, 12, 19 June, 31 August, 1, 2, 3 & 4 September 2020 Date of orders: 18 September 2020 Decision date: 18 September 2020 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. The plaintiff is to pay the defendant's costs of the proceedings on the ordinary basis up to and including 19 May 2020, and on an indemnity basis from 20 May 2020; 2. In lieu of the order made on 4 December 2019 concerning the costs of a mediation, those costs are to be paid equally between the plaintiff in these proceedings and Ms Jamile Aerenga, the plaintiff in the associated proceedings 2015/360589; 3. The exhibits may be returned; 4. Liberty to apply on 7 days' notice if further or other orders are required. Catchwords: COSTS – liability for costs following settlement – determination of the basis upon which the successful defendant's costs should be paid by a worker's compensation insurer which brought the proceedings in the name of the plaintiff company by way of subrogated right pursuant to s 151Z of the Workers Compensation Act 1987 (NSW) Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 to s 58, s 98, s 99 Court Suppression and Non-publication Orders Act 2010 (NSW), s 7 Uniform Civil Procedure Rules 2005, r 20.26, r 42.1, Workers Compensation Act 1987 (NSW), s 151Z Cases Cited: Al Mousawy bht Khamis v JA Byatt Limited & Others [2008] NSWSC 264 Gray v Richards (No 2) [2014] HCA 37 House v The King (1936) 55 CLR 499; [1936] HCA 40 Northern Territory v Sangare [2019] HCA 25 Oshlack v Richmond River Council (1998) HCA 11 193 CLR 72 Category: Costs Parties: Concept Engineering (Aust) Pty Limited (Plaintiff) UGL Unipart Rail Services Pty Limited (Defendant) Representation: Counsel: Mr W Reynolds (Plaintiff) Ms K Nomchong SC with Mr M Best (Defendant)