Ortlipp v Employers Mutual NSW Limited as agent for the Workers Compensation Nominal Insurer (No 3) [2014] NSWDC 161

District Court New South Wales

Medium Neutral Citation: Ortlipp v Employers Mutual NSW Limited as agent for the Workers Compensation Nominal Insurer (No 3) [2014] NSWDC 161 Hearing dates: 20 June 2014 Decision date: 20 June 2014 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Order that the defendant's notice of motion (filed 27 May 2014) be dismissed. (2) Order that the defendant pay the plaintiff's costs of the motion noting that they should be governed by regulation 102 and Schedule 7 of the Workers Compensation Regulation 2010. Catchwords: COSTS - application to amend orders - late tender of mediation certificate - caution to be exercised - no explanation of failure to raise matters Legislation Cited: Uniform Civil Procedure Rules 2005, r 36.16, r 42.1, r 42.7 Workers Compensation Regulation 2010, reg 102, reg 105, reg 108, sch 7 Cases Cited: Aktas v Westpac Banking Corporation Ltd [No 2] [2010] HCA 47 Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300; [1993] HCA 6 His Eminence Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand and Anor v the Macedonian Orthodox Community Church St Petka Inc and Anor (No 2) [2007] NSWCA 142 Rockcote Enterprises Pty Ltd v Fs Architects Pty Ltd (No2); Carelli v Fs Architects Pty Ltd (No 2) [2008] NSWCA 205 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) Mr A B Parker (defendant) Brydens Compensation Lawyers (plaintiff) Edwards Michael Lawyers (defendant) File Number(s): 2013/177741 Publication restriction: None