A Goninan & Co Ltd v Gill [2001] NSWCA 77

Reported Decision : (2001) 21 NSWCCR 552

New South Wales Court of Appeal

CITATION : A Goninan & Co Ltd v Gill [2001] NSWCA 77 FILE NUMBER(S) : CA 40849/99 HEARING DATE(S) : 13 March 2001 JUDGMENT DATE : 10 April 2001

PARTIES : A Goninan & Co Ltd (Appellant) Ernest Malcolm Gill (Respondent) JUDGMENT OF : Sheller JA at 1; Giles JA at 2; Heydon JA at 3

LOWER COURT JURISDICTION : Compensation Court LOWER COURT CC 22609/95 FILE NUMBER(S) : LOWER COURT Bishop CCJ JUDICIAL OFFICER :

COUNSEL : Mr R H Taperell (Appellant) Mr B McManamey (Respondent) SOLICITORS : Baker Love Lawyers (Appellant) Stacks The Law Firm (Respondent) CATCHWORDS : Workers Compensation - Legal Costs - Costs Assessment - Costs of costs assessor - Power of Compensation Court (when hearing appeals from costs assessors) to order costs against a worker whose application for compensation was not "frivolous or vexatious, fraudulent or made without proper justification" - Whether such a worker can be ordered to pay costs of costs assessor - Test case - Legal Profession Act 1987 (NSW), s 202(1), s 206(1), s 208(2), s 208F, s 208M - Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 112(3) - Compensation Court Act 1984 (NSW), s 18. - Statutes - Statutory Interpretation - Operation and effect - Interaction of sections of different Acts - Examination of legislative history - Legal Profession Act 1987 (NSW), s 202(1), s 206(1), s 208(2), s 208F, s 208M - Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 112(3) - Compensation Court Act 1984 (NSW), s 18. - Legal Costs - Issue of which party to pay costs of appeal in the nature of a "test case" - Where test case was of general importance to appellant company's insurer and to other insurers but not to worker. Compensation Court Act 1984 Compensation Court Act 1989 Legal Profession Act 1987 Legal Profession Amendment Act 1996 Legal Profession Reform Act 1993 Sporting Injuries Insurance Act 1978 LEGISLATION CITED : Sporting Injuries Insurance (Workers Compensation) Amendment Act 1984 WorkCover Legislation Amendment Act 1995 Workers Compensation Act 1987 Workers Compensation (Amendment) Act 1951 Workers Compensation (Amendment) Act 1967 Workers Compensation (Compensation Court) Amendment Act 1989 Workplace Injury Management and Workers Compensation Act 1998 CASES CITED: Cramp v The Commonwealth (1996) 13 NSWCCR 461 Martin v Warkworth Mining Ltd (unreported, Compensation Court of New South Wales, 25 November 1996) DECISION : See para 62