Sharp v Emicon Pty Ltd [2015] NSWSC 175

Supreme Court New South Wales

Medium Neutral Citation: Sharp v Emicon Pty Ltd [2015] NSWSC 175 Hearing dates: 19 February 2015 Decision date: 10 March 2015 Before: Harrison J Decision: (1) Order the plaintiff and the second defendant respectively to bear his and its own costs of the proceedings. (2) Order the plaintiff to pay the third defendant's costs of the plaintiff's proceedings against the third defendant. (3) Make no order as to the costs of the cross claims between the second defendant and the third defendant to the intent that the parties to those cross claims shall each pay or bear its own costs. Catchwords: COSTS – whether reg 106 Workers Compensation Regulation 2010 applies to plaintiff's costs – whether plaintiff should pay the costs of the successful third defendant – whether the plaintiff entitled to a Bullock or Sanderson order in respect of those costs – whether third defendant entitled to any costs on an indemnity basis – whether there should be any order for the costs of the cross claims Legislation Cited: Uniform Civil Procedure Rules 2005 Workers Compensation Regulation 2010 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Australian Winch and Haulage Pty Ltd v Collins [2013] NSWCA 327 Gould v Vaggelas [1985] HCA 75;(1985) 157 CLR 215 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 Sharp v Emicon Pty Ltd [2014] NSWSC 1072 Simmons v Rockdale City Council (No 2) [2014] NSWSC 1275 Category: Costs Parties: Jarrod Sharp (Plaintiff) Emicon Pty Ltd (First Defendant) Coastwise Constructions Pty Ltd (Second Defendant) Staiger Pty Ltd (Third Defendant ) Representation: Counsel: F Curran (Plaintiff) R Cavanagh SC (First Defendant) I Todd (Second Defendant) W Reynolds (Third Defendant)