Taboas v Abigroup Contractors Pty Ltd [2014] NSWSC 461

Supreme Court New South Wales

Medium Neutral Citation: Taboas v Abigroup Contractors Pty Ltd [2014] NSWSC 461 Decision date: 24 April 2014 Before: Harrison J Decision: 1. Judgment for Mr Taboas against Abigroup Contractors Pty Ltd (Abigroup) for $366,324. 2. Judgment for Mr Taboas against VSL Australia Pty Ltd (VSL) for $488,088. 3. Note that the amounts referred to in orders 1 and 2 are not cumulative and any satisfaction of either will to that extent satisfy the other. 4. Order Abigroup to pay Mr Taboas' costs of the proceedings against it pursuant to Schedule 7 of the Workers Compensation Regulation 2010. 5. Note the agreement between Mr Taboas and Abigroup that the costs referred to in order 4 shall include fees for senior and junior counsel. 6. Judgment for Abigroup on its claim for contribution against VSL for $189,117, with no order as to the costs of the cross-claim. 7. Judgment for VSL on its claim for contribution against Abigroup for $183,162 with no order as to the costs of the cross-claim. 8. Order VSL to pay Mr Taboas' costs of the proceedings against it. 9. Note that the sum of $63,247 has been paid to Mr Taboas by or on behalf of Abigroup pursuant to the Workers Compensation Act 1987. Catchwords: COSTS - UCPR 42.34 - where plaintiff recovers less than $500,000 - whether continuation of proceedings in this Court warranted - whether plaintiff entitled to costs or any proportion of costs by reference to respective liability of defendants for loss and damage Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Workers Compensation Act 1987 Cases Cited: Chubs Constructions Pty Ltd v Sam Chamma [2009] NSWCA 98 Ji v Firth t/as Firths the Compensation Lawyers [2013] NSWSC 186 Milich v The Council of the Municipality of Canterbury (No 3) [2012] NSWSC 1280 Sam Chamma v Solima & Sons Pty Ltd [2008] NSWSC 165 Shield Mercantile Pty Ltd v Citigroup Pty Ltd [2013] NSWSC 287 State of New South Wales v Quirk [2012] NSWCA 216 Taboas v Abigroup Contractors Pty Ltd [2014] NSWSC 13 Category: Procedural and other rulings Parties: Robert Taboas (Plaintiff) Abigroup Contractors Pty Ltd (First Defendant) VSL Australia Pty Ltd (Second Defendant) Representation: Counsel: K C Fleming QC with P R Stockley (Plaintiff) D R Benson (First Defendant) R Gambi (Second Defendant) Solicitors: CMC Lawyers (Plaintiff) Bartier Perry (First Defendant) Wotton + Kearney (Second Defendant) File Number(s): 2011/171589 Publication restriction: Nil