Sneddon v The Speaker of the Legislative Assembly [2011] NSWSC 842

Supreme Court New South Wales

Medium Neutral Citation: Sneddon v The Speaker of the Legislative Assembly [2011] NSWSC 842 Hearing dates: Written submissions - 8 June 2011, 16 June 2011, 20 June 2011, 28 June 2011, 29 June 2011 Decision date: 03 August 2011 Before: Price J Decision: 1.The first defendant (the Speaker) is to pay the plaintiff's costs on a party and party basis. 2.The plaintiff is to pay the costs of the second defendant (the State) on an ordinary basis. 3.The third defendant (Mr Orkopoulos) is to pay the plaintiff's costs for a half day hearing, plus preparation on the specific issue of the assessment of damages under the CLA. Such costs are to be assessed on an ordinary basis. He is also to pay the plaintiff's costs on the entry of default judgment in accordance with UCPR r 16.7. Catchwords: COSTS - costs for work injury damages - where plaintiff succeeded against work injury damages defendant - where actions against other defendants were under the Civil Liability Act 2002 - reg 109 Workers Compensation Regulation 2010 - costs under the Civil Liability Act 2002 - justice of the case - making of 'Sanderson' order considered Legislation Cited: Civil Liability Act 2002 Civil Procedure Act 2005 Crown Proceedings Act 1988 Interpretation Act 1987 Law Reform (Vicarious Liability) Act 1983 Uniform Civil Procedure Rules 2005 Workers Compensation Regulation 2010 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Furber v Stacey & Anor [2005] NSWCA 242 Sanderson v Blyth Theatre Co [1903] 2 KB 533 Smith v Sydney West Area Health Service (No 2) [2009] NSWCA 62 X and Y (by her Tutor X) v PAL (Court of Appeal, 7 June 1991, unreported) Category: Costs Parties: Gillian Margaret Sneddon (Plaintiff) The Speaker of the Legislative Assembly (First defendant) State of New South Wales (Second defendant) Milton Orkopoulos (Third defendant) Representation: Mr R de Meyrick (Plaintiff) Ms S Norton SC with Mr L Reid (First defendant) Mr G Lindsay SC with Mr C J Sarginson (Second defendant) T D Kelly & Co (Plaintiff) DLA Phillips Fox (First defendant) Crown Solicitors Office (Second defendant) File Number(s): 2009/297790