Abdul-Rahman v WorkCover Authority of NSW (No 2) [2015] NSWSC 1900

Supreme Court New South Wales

Medium Neutral Citation: Abdul-Rahman v WorkCover Authority of NSW (No 2) [2015] NSWSC 1900 Hearing dates: Written submissions 3 and 27 November 2015, 1, 8, 9 and 14 December 2015 Date of orders: 17 December 2015 Decision date: 17 December 2015 Jurisdiction: Common Law Before: Hamill J Decision: (1) Revoke the order as to costs made on 16 October 2015 and in lieu thereof order as follows: (2) The defendant to pay the plaintiff's costs of proceedings in the Local Court as agreed or assessed. (3) The defendant to pay interest on the costs of proceedings in the Local Court at the prescribed rate under s 101 Civil Procedure Act 2005 (NSW) and Rule 36.7(1) Uniform Civil Procedure Rules 2005 (NSW) from the date of judgment in the Local Court until the date of payment. (4) The defendant is to pay 75% of the plaintiff's costs of the proceedings in this Court as agreed or assessed. (5) The parties are to pay their own costs in relation to the applications to vary the cost order originally made in this Court. (6) Refuse the plaintiff's application for interest on the costs of proceedings in this Court. (7) Refuse the plaintiff's application for indemnity costs. (8) Refuse the plaintiff's application for a specified lump sum costs order. Catchwords: COSTS – interest on costs orders – indemnity costs – lump sum costs – legal costs and counsel's fees charged by plaintiff's lawyers – generous to a fault – conduct of the proceedings requiring adjustment to usual costs orders – refusal of Calderbank offers by defendant not unreasonable – question marks over costs claimed under application for specified lump sum costs award – no question of principle. Legislation Cited: Civil Procedure Act 2005 (NSW) Limitation Act 1969 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Abdul-Rahman v WorkCover Authority of NSW [2015] NSWSC 1483 Calderbank v Calderbank [1975] 3 All ER 33 Grace v Grace (No 9) [2004] NSWSC 1239 Herbert v Tamworth City Council (No 4) [2004] NSWSC 394; 60 NSWLR 476 Maitland Hospital v Fisher (No 2) (1992) 27 NSWLR 721 Manly Council v Byrne and Anor (No 2) [2004] NSWCA 227 Texts Cited: Ritchie's Uniform Civil Procedure NSW, LexisNexis, Sydney, 2005 to date (loose-leaf at September 2015) Category: Costs Parties: Mohyeddine Abdul-Rahman (Applicant) WorkCover Authority of NSW (Respondent) Representation: Counsel: J D Beck (Applicant) D W Rayment (Respondent)