Pioneer Studios Pty Ltd v Hills (No 2) [2013] NSWCA 1

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Pioneer Studios Pty Ltd v Hills (No 2) [2013] NSWCA 1 Hearing dates: On the papers Decision date: 31 January 2013 Before: Allsop P at [1] Basten JA at [15] Hoeben JA at [16] Decision: 1.Vacate order (4) made by the Court on 26 September 2012 and in lieu thereof order: (4) Subject to order (5) the respondent pay the appellant's costs of the appeal (5) The appellant pay 25% of the costs of the preparation of the respondent's written submissions dated 24 August 2012. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - costs - claim under Workers Compensation Act - whether successful appellant entitled to recover full costs where major ground abandoned before hearing - allowance for costs thrown away Legislation Cited: Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Tasty Chicks Pty Ltd v Chief Commissioner of State Revenue [2011] HCA 41; (2011) 245 CLR 446 Category: Costs Parties: Pioneer Studios Pty Ltd (Appellant)Kathryn Hills (Respondent) Representation: Counsel: L King SC (Appellant)B J Gross QC and S B Dixon (Respondent) Solicitors: Bartier Perry (Appellant)Carroll & O'Dea (Respondent) File Number(s): 2011/208280 Decision under appeal Citation: [2011] NSWWCCPD 30 Date of Decision: 2011-06-01 00:00:00 Before: Roche DP File Number(s): WCC 6838-2010