Employers Mutual Limited v Heise (No 3) [2022] NSWSC 1364

Supreme Court New South Wales

Medium Neutral Citation: Employers Mutual Limited v Heise (No 3) [2022] NSWSC 1364 Hearing dates: On the papers Decision date: 13 October 2022 Jurisdiction: Common Law Before: Adamson J Decision: (1) Determine that the amount of the costs to be paid by the defendant (the prosecutor in the Local Court) to the plaintiff (the defendant in the Local Court) in respect of the proceedings in the Local Court pursuant to order (2) made on 25 May 2022 is $120,000, such sum to be paid within 28 days. (2) Determine that the amount of the costs to be paid by the defendant (in this Court) to the plaintiff (in this Court) pursuant to order (5) made on 19 April 2022 is $50,000, such sum to be paid within 28 days. (3) Refuse the application made by the defendant (in this Court, the prosecutor in the Court below) for a costs order in her favour. Catchwords: COSTS — Party/Party — Appeals — appeal from Local Court — quantification of costs — mixed results in Local Court interlocutory proceedings — broad brush approach Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Criminal Procedure Act 1986 (NSW), s 213 Legal Profession Uniform Law 2014 (NSW), s 181 Local Court Act 1970 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 281, 283 Cases Cited: Employers Mutual Limited v Heise [2018] NSWSC 1842 Employers Mutual Limited v Heise [2022] NSWSC 465 Employers Mutual Limited v Heise (No 2) [2022] NSWSC 663 Hamod v State of New South Wales [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Lew Footwear Holdings Pty Ltd v Madden International Ltd (No 3) (2014) 50 VR 1; [2014] VSC 595 Wentworth v Rogers (2006) 66 NSWLR 474; [2006] NSWCA 145 Category: Costs Parties: Employers Mutual Limited (Plaintiff) Julie Heise (Defendant) Representation: Counsel: T Smartt (Plaintiff) S Gray (Defendant)