Ortlipp v Employers Mutual NSW Limited as agent for the Workers Compensation Nominal Insurer (No 4) [2014] NSWDC 162

District Court New South Wales

Medium Neutral Citation: Ortlipp v Employers Mutual NSW Limited as agent for the Workers Compensation Nominal Insurer (No 4) [2014] NSWDC 162 Hearing dates: On the papers Decision date: 02 July 2014 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Amend the orders made on 20 June 2014 in the following respects: (a) Delete order 1 made on 20 June 2014. (b) Make the order sought in paragraph 1 of the notice of motion filed 27 May 2014. (c) In respect of the order sought in paragraph 2 of the notice of motion filed 27 May 2014, order that order 4 made on 21 May 2014 be set aside and replaced with an order that the plaintiff pay the defendant's costs of the proceedings pursuant to clause 105(2) of the Workers Compensation Regulation 2010 save that the maximum costs are those costs set out in schedule 7 of the Regulation, in accordance with clause 102 of the Regulation. (d) In respect of order 2 made on 20 June 2014, delete the word "noting" and all words following thereafter so that the order is varied to read "Order that the defendant pay the plaintiff's costs of the motion filed 27/5/14". Catchwords: AMEND ORDERS - after entry - by court's own motion - misapprehension of the law - not solely attributable to party's neglect - ancillary proceedings Legislation Cited: Uniform Civil Procedure Rules 2005, r 36.16 Workers Compensation Regulation 2010, cl 102, cl 105, cl 106, cl 108, sch 7 Cases Cited: Aktas v Westpac Banking Corporation (No 2) (2010) 241 CLR 570; [2010] HCA 47 Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300 Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Thelander [2012] HCA 56 Chubs Constructions Pty Ltd v Sam Chamma (No 2) [2010] NSWCA 225 Deputy Commissioner of Taxation v Zammitt [2014] NSWCA 104 Ortlipp v Employers Mutual NSW Limited as agent for the Workers Compensation Nominal Insurer [2014] NSWDC 157 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Rockcote Enterprises Pty Ltd v Fs Architects Pty Ltd (No2); Carelli v Fs Architects Pty Ltd (No2) [2008] NSWCA 205 Wentworth v Woollahra Municipal Council (1982) 149 CLR 672 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