Ritson v State of New South Wales (No. 2) [2022] NSWDC 347

District Court New South Wales

Medium Neutral Citation: Ritson v State of New South Wales (No. 2) [2022] NSWDC 347 Hearing dates: 30 May 2022 Date of orders: 17 August 2022 Decision date: 17 August 2022 Jurisdiction: Civil Before: Neilson DCJ Decision: I dismiss the application of the Defendant for costs. Each party should bear his or its own costs of these proceedings. Catchwords: WORKERS COMPENSATION – COSTS – Claim by Defendant for costs from unsuccessful Plaintiff – If Plaintiff were a resident of NSW or a foreign country, costs could not be ordered against him – On proper construction of Personal Injury Commission Act 2020 that Commission could not make the order sought, nor could the District Court – Equality before the law – Power to award costs ought not depend on Plaintiff's place of abode (Qld) – History of power to award costs against an applicant for workers compensation – Plaintiff a former police officer, still entitled to protection of privative provision in legislation. Legislation Cited: Compensation Court Act 1984 (NSW) Civil Procedure Act 2005 (NSW) District Court Act 1973 (NSW) Evidence Act 1995 (NSW) Motor Accidents Injuries Act 2017 (NSW) Personal Injury Commission Act 2020 (NSW) Personal Injury Commission Regulation 2020 (NSW) Uniform Civil Procedure Rules 2005 (NSW) WorkCover Legislation Amendment Act 1995 (NSW) Workers Compensation Act 1926 (NSW) Workers Compensation Act 1987 (NSW) Workers Compensation Legislation Amendment Act 1998 (NSW) Workers' Compensation (Amendment) Act 1984 (NSW) Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Central Tablelands County Council v Clow [2002] NSWCC 24; (2002) 23 NSWCCR 442 Emeli Taeiloa v Forstaff Personnel [2003] NSWWCCPD 8 Haynes v Haynes [2002] NSWCC 28; (2002) 23 NSWCCR 472 In Re Boaler [1915] 1 KB 21 Jackson v Tooheys Pty Ltd [1952] WCR 60 McHenry v Lewis (1882) 22 ChD 397 Nikolov v Piulos Bros (Wholesale) Pty Ltd (2000) 19 NSWCCR 329 Pascoe v Barrier Crash Repairs Pty Ltd [1978] WCR 156 (C.A.) Ritson v State of New South Wales (No. 1) [2022] NSWDC 345 Stephenson v Garnett [1898] 1 QB 678 Texts Cited: Oxford Latin Dictionary, 2nd Edition, Vol 1. P 809 Mills, C.P., Workers Compensation (New South Wales), Sydney, Butterworths, 1969 Mills, C.P., Workers Compensation (New South Wales), Sydney, Butterworths, 1979 Shorter Oxford English Dictionary, 5th Edition Category: Costs Parties: Plaintiff – Brendan Ritson Defendant – State of New South Wales Representation: Counsel: Plaintiff – Unrepresented Defendant – Dixon, T.J. and Robison, L. Solicitors: Plaintiff – Unrepresented Defendant – HWL Ebsworth Lawyers File Number(s): 2021/00341566 Publication restriction: Nil.