Chubs Constructions Pty Ltd v Sam Chamma (No 2) [2010] NSWCA 225

New South Wales Court of Appeal

CITATION: Chubs Constructions Pty Ltd v Sam Chamma (No 2) [2010] NSWCA 225

HEARING DATE(S): On the papers

JUDGMENT DATE: 3 September 2010

JUDGMENT OF: Beazley JA at 1; McColl JA at 1; Mathews AJA at 1

DECISION: Each party is to pay its and his own costs of the appeal.

CATCHWORDS: COSTS – costs of appeal in work injury damages matter – Work Injury Management and Workers Compensation Act 1998, s 346 – whether s 346 governs costs in relation to an appeal against costs – Smith v Sydney West Area Health Service (No 2) [2009] NSWCA 62 - COSTS – costs of appeal in work injury damages matter – Workers Compensation Regulation 2003, cl 91 – whether cl 91 governs costs in relation to an appeal against costs – whether parties should bear their own costs of an appeal against costs - COSTS – costs of appeal in work injury damages matter – Workers Compensation Regulation 2003, cl 93 – ancillary proceedings – whether cl 93 governs costs in relation to an appeal against costs – whether the UCPR should apply in relation to costs - WORDS & PHRASES – ancillary proceeding – Workers Compensation Regulation 2003, cl 93

Civil Procedure Act 2005 Proceeds of Crime Act 1987 (Cth) Telecommunications (Interception) Act 1979 (Cth) Telecommunications (Low-Impact Facilities) Determination 1997 LEGISLATION CITED: Uniform Civil Procedure Rules 2005 Victorian Civil and Administrative Tribunal Act 1998 Workers Compensation Act 1987 Workers Compensation Regulation 2003 Workplace Injury Management and Workers Compensation Act 1998

Clutha Developments Pty Ltd v Barry (1989) 18 NSWLR 86 Director of Housing v Hutchinson 3G Australia Pty Ltd [2003] VSC 310 Fraser Credits Pty Ltd v Osterberg-Olsen [1978] 1 NSWLR 121 Martin v O'Reilly (1914) 14 SR (NSW) 277 CASES CITED: McCleary v DPP (1998) 157 ALR 301 Newcastle City Council v McShane (No 3) [2005] NSWCA 437; 65 NSWLR 155 New South Wales Crime Commission v Ollis [2006] NSWCA 76; 65 NSWLR 478 Smith v Sydney West Area Health Service (No 2) [2009] NSWCA 62 Wilson v State Rail Authority of New South Wales and Anor [2009] NSWSC 1455 Woodcroft v Director of Public Prosecutions [2000] NSWCA 128