Perigo v Workers Compensation Nominal Insurer and Anor (No 3) [2013] NSWSC 6

Supreme Court New South Wales

Medium Neutral Citation: Perigo v Workers Compensation Nominal Insurer and Anor (No 3) [2013] NSWSC 6 Hearing dates: 8 August 2012written submissions closed 22 August 2012 Decision date: 25 January 2013 Before: McCallum J Decision: Defendants ordered jointly and severally to pay the plaintiff's costs of the proceedings Catchwords: COSTS - where plaintiff successful in personal injuries claim against both employer and third party - where costs recoverable against employer capped by legislation - whether defendants should be ordered to pay costs jointly and severally Legislation Cited: Civil Liability Act 2002 Civil Procedure Act 2005 Environmental Planning & Assessment Act 1979 Workers Compensation Regulation 2010 Cases Cited: Hili v R; Jones v R [2010] HCA 45 Perigo v Workers Compensation Nominal Insurer & Anor (No 2) [2012] NSWSC 830 Rushcutters Bay Smash Repairs Pty Ltd v H McKenna Netmakers Pty Ltd [2003] NSWSC 670 Trade Practices Commission v Nicholas Enterprises Pty Ltd (No 3) (1979) 42 FLR 213 Tsu v Memeth & Anor [2010] NSWCA 29 Category: Costs Parties: Michael Perigo (plaintiff) Workers Compensation Nominal Insurer (first defendant/cross claimant) Waco Kwikform Pty Limited (second defendant/cross defendant) Representation: Counsel: D C Del Monte (plaintiff) D Kelly (1st defendant/cross claimant) JE Maconachie QC with J Chapman (2nd defendant/cross defendant) Solicitors: Maurice Blackburn (plaintiff) Gillis Delaney Lawyers (first defendant/cross claimant) Yeldham Price O'Brien Lusk (second defendant/cross defendant) File Number(s): 2009/297523 Publication restriction: None