Employers Mutual Limited v Heise (No 2) [2022] NSWSC 663

Supreme Court New South Wales

Medium Neutral Citation: Employers Mutual Limited v Heise (No 2) [2022] NSWSC 663 Hearing dates: On the papers Decision date: 25 May 2022 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the charge against the plaintiff of contravening s 283(1) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW). (2) Order the defendant to pay the plaintiff's costs of the proceedings in the Local Court, except the plaintiff's costs of the notice of motion filed on 15 March 2019, within 28 days of their being ascertained by agreement or quantified by this Court. (3) In default of agreement being reached by 1 July 2022 as to the quantum of the costs in order (5) made on 19 April 2022 and order (2) above: (a) direct the plaintiff to file and serve any evidence establishing the costs which it contends are "just and reasonable" by 15 July 2022, together with any submissions in support; (b) direct the defendant to file and serve any evidence in response, together with submissions by 29 July 2022, such submissions and evidence to include any application which the defendant wishes to make regarding any costs of the proceedings in the Court below to which she claims to be entitled; and (c) direct the plaintiff to file any evidence or submissions in reply by 5 August 2022. (4) Determine, subject to an application to the contrary, that the quantification of costs will be determined on the papers. (5) Grant liberty to restore the matter before me on 3 days' notice to my Associate. Catchwords: COSTS — where plaintiff successfully appealed from conviction in Local Court — whether Court has power under the Crimes (Appeal and Review) Act 2001 (NSW) to award costs of Local Court proceedings — whether power is express or implied Legislation Cited: Civil Procedure Act 2005 (NSW), ss 4, 98 Crimes (Appeal and Review) Act 2001 (NSW), ss 3, 28, 49, 55, 70, 71 Criminal Procedure Act 1986 (NSW), s 213 Legal Profession Act 2004 (NSW), s 353 Legal Profession Uniform Law (NSW) Supreme Court Act 1970 (NSW), s 23 Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 283 Cases Cited: ACP v Munro [2012] NSWSC 1510 Cunningham v Cunningham (No 2) [2012] NSWSC 954 [Decision restricted] [2019] NSWSC 1786 Employers Mutual Limited v Heise [2022] NSWSC 465 Kostov v Commissioner of Police (No 3) [2020] NSWSC 1122 Lopes v Cook [2020] NSWSC 1776 Plaintiff M70/2011 v Minister for Immigration and Citizenship; Plaintiff M106/2011 v Minister for Immigration and Citizenship (Malaysian Declaration Case) (2011) 244 CLR 144; [2011] HCA 32 Turner v Wheeler (No 2) [2016] NSWSC 431 Category: Principal judgment Parties: Employers Mutual Limited (Plaintiff) Julie Heise (Defendant) Representation: Counsel: N Chen SC / T Smartt (Plaintiff) J Morris SC / M Weightman (Defendant)