Fields v Berrigan & Anor (No. 2) [2022] NSWDC 568

District Court New South Wales

Medium Neutral Citation: Fields v Berrigan & Anor (No. 2) [2022] NSWDC 568 Hearing dates: 21 October 2022 Date of orders: 21 October 2022 Decision date: 21 October 2022 Jurisdiction: Civil Before: Neilson DCJ Decision: I order that each of the Plaintiff and the First Defendant is to pay his own costs of the proceedings insofar as they were a claim for work injury damages. Catchwords: WORK INJURY DAMAGES – COSTS – Costs in respect of a claim for work injury damages – Where two sets of proceedings on foot and one set of proceedings was dismissed. Legislation Cited: Workers Compensation Regulation 2016 (NSW) Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Chubs Constructions Pty Ltd v Chamma [2009] NSWCA 98 Fields v Berrigan & Anor (No. 1) [2022] NSWDC 567 Grima v RFI (Aust) Pty Ltd [2014] NSWCA 345 Ortlipp v Employers Mutual NSW Limited as agent for the Workers Compensation Nominal Insurer (No 3) [2014] NSWDC 161 Smith v Sydney West Area Health Service (No 2) [2009] NSWCA 62 Texts Cited: C P Mills, Workers Compensation New South Wales (2nd ed 1979, Butterworths) Category: Costs Parties: Plaintiff - Todd Matthew Fields First Defendant – Paul Berrigan Second Defendant – Tamworth Jockey Club Representation: Counsel: Plaintiff – Mr Best, M. First Defendant – Mr Morris, P. SC Second Defendant – Mr Stanton, D.