ISS Facility Services (NSW) Pty Ltd v State of New South Wales (No 2) [2016] NSWCA 185

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: ISS Facility Services (NSW) Pty Ltd v State of New South Wales (No 2) [2016] NSWCA 185 Hearing dates: 4 April 2016 Decision date: 09 August 2016 Before: Leeming JA, Payne JA and Emmett AJA Decision: 1. The parties' costs of the appeal and each of the first and second cross appeals in the Court of Appeal be their respective costs in the proceedings in the District Court.

2. The parties' costs of the original proceedings in the District Court should be left to the discretion of the judge to whom the proceedings are remitted, for determination when the outcome of the litigation is known. Catchwords: COSTS – costs where proceedings remitted to District Court for retrial – Workplace Injury Management and Workers Compensation Act 1998, s 346 Legislation Cited: Civil Liability Act 2002 (NSW) Workers Compensation Act 1987 (NSW), s 151Z Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 346

Workers Compensation Regulation 2003, Pt 19 Cases Cited: Kubovic v HMS Management Pty Ltd [2015] NSWCA 315 Category: Costs Parties: ISS Facility Services (NSW) Pty Ltd (Appellant/ First Cross-Respondent / Third Cross-Respondent) State of New South Wales (First Respondent / Second Cross-Respondent / Second Cross-Appellant) John King (Second Respondent / First Cross-Appellant / Fourth Cross-Respondent) Representation: Counsel: L King SC / P Rickard (Appellant / First Cross-Respondent / Third Cross-Respondent) P Deakin QC / S Torrington (First Respondent / Second Cross-Respondent / Second Cross-Appellant) P Mooney SC / E Grotte (Second Respondent / Cross-Appellant / Fourth Cross-Respondent)