Pacific Steel Constructions Pty Limited v Barahona (No 2) [2010] NSWCA 9

New South Wales Court of Appeal

CITATION: Pacific Steel Constructions Pty Limited v Barahona (No 2) [2010] NSWCA 9

HEARING DATE(S): On the papers

JUDGMENT DATE: 15 February 2010

JUDGMENT OF: Allsop P at 1; Beazley JA at 1; Giles JA at 1

1. Vacate order (2) made on 11 December 2009 and instead order: DECISION: (2) The appellant, Pacific Steel Constructions Pty Limited and the first respondent, Luis Barahona, are each to pay it and his own costs of the appeal. 2. The appellant, Pacific Steel Constructions Pty Limited, is to bear its own costs of this application.

CATCHWORDS: PRACTICE and PROCEDURE - judgments and orders - slip rule - amending costs order - COSTS - award of costs in workplace injury matters - Workplace Injury Management and Workers Compensation Act 1998, s 346 - Workers Compensation Regulation 2003, cl 91 - parties to bear their own costs - WORKERS COMPENSATION - costs in workplace injury matters - costs governed by Workplace Injury Management and Workers Compensation Act and Workers Compensation Regulation

Uniform Civil Procedure Rules 2005 LEGISLATION CITED: Workers Compensation Act 1987 Workers Compensation Regulation 2003 Workplace Injury Management and Workers Compensation Act 1998

CATEGORY: Consequential orders

Chubs Constructions Pty Ltd v Chamma [2009] NSWCA 98 CASES CITED: Newmont Yandal Operations Pty Ltd v J Aron Corporation and Goldman Sachs Group Inc [2007] NSWCA 195; (2007) 70 NSWLR 411 Smith v Sydney West Area Health Service (No 2) [2009] NSWCA 62

PARTIES: Pacific Steel Constructions Pty Limited (Appellant) Luis Barahona (Respondent)