Ortlipp v Employers Mutual NSW Limited as agent for the Workers Compensation Nominal Insurer (No 2) [2014] NSWDC 158

District Court New South Wales

Medium Neutral Citation: Ortlipp v Employers Mutual NSW Limited as agent for the Workers Compensation Nominal Insurer (No 2) [2014] NSWDC 158 Hearing dates: 21 May 2014 Decision date: 21 May 2014 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Confirm orders 1 and 2 made on 17 April 2014. (2) Order that the costs of the motion be limited to the costs set out in Schedule 7 of the Workers Compensation Regulation 2010 in accordance with regulation 102. (3) Dismiss the proceedings generally. (4) Order that the parties are to bear their own costs of the proceedings, including any costs incurred after the dismissal on 17 April 2014 of the notice of motion. Catchwords: COSTS - costs in or in relation to work injury damages claim - costs of proceedings - costs of application for leave to commence - whether ancillary to proceedings Legislation Cited: Uniform Civil Procedure Rules 2005, r 42.1 Workers Compensation Act 1987, s 151D Workers Compensation Regulation 2010, Part 17 Division 3, reg 101, reg 102, reg 104, reg 105, reg 106, reg 108, Schedule 7 Workplace Injury Management and Workers Compensation Act 1998, s 346 Cases Cited: Chubs Constructions Pty Ltd v Chamma (No 2) (2010) 78 NSWLR 679; [2010] NSWCA 225 Clutha Developments Pty Ltd v Barry (1989) 18 NSWLR 86 Wilson v State Rail Authority (NSW) [2009] NSWSC 1455 Category: Costs Parties: Patricia Anne Ortlipp (plaintiff) Employers Mutual NSW Limited as agent for the Workers Compensation Nominal Insurer (defendant) Representation: Ms E Welsh (plaintiff) Brydens Compensation Lawyers (plaintiff) Edwards Michael Lawyers (defendant) File Number(s): 2013/177741 Publication restriction: None