Midson v Workers Compensation Commission & Ors (No 2) [2017] NSWSC 147

Supreme Court New South Wales

Medium Neutral Citation: Midson v Workers Compensation Commission & Ors (No 2) [2017] NSWSC 147 Hearing dates: On the papers Decision date: 01 March 2017 Jurisdiction: Common Law Before: N Adams J Decision: (1) I make no order for costs against the third defendant in relation to the summons. (2) The plaintiff is to pay the third defendant's costs of this application as agreed or assessed. Catchwords: COSTS – where plaintiff successful – where defendants each filed a submitting appearance – where plaintiff seeks order against a submitting party who was not the decision-maker – general rule that costs follow the event – whether to depart from general rule Legislation Cited: Civil Procedure Act 2005, ss 56(3), 98 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Act 2005 (NSW), rr 6.11, 42.1 Workers Compensation Act 1966 (NSW), s 66 Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 3 Cases Cited: Buzrio Pty Limited v Consumer, Trade and Tenancy Tribunal (No 4) [2010] NSWSC 41 China Shipping (Australia) Agency Co Pty Limited v D V Kelly Pty Limited (No 2) [2010] NSWSC 1557 Develtor Property Group Pty Ltd v Newcastle City Council [2001] NSWLEC 47 Douglas v James (No. 2) [2015] NSWSC 969 Highland v Labraga (No 3) [2006] NSWSC 871 Kisimul Holdings Pty Ltd v Clear Position Pty Ltd (No 2) [2014] NSWCA 317 Latoudis v Casey (1990) 170 CLR 534 Mahenthirarasa v State Rail Authority of New South Wales (No 2) (2008) 72 NSWLR 273; [2008] NSWCA 201 Midson v Workers Compensation Commission & Ors [2016] NSWSC 1352 Noon v The Owners – Strata Plan No. 22422 (No 2) [2014] NSWSC 1642 Nyman v Valmas [1997] NSWCCA 235 Oshlack v Richmond River Council (1998) 193 CLR 72 Seller v Jones [2014] NSWCA 19 Category: Costs Parties: John Midson (Plaintiff) Workers Compensation Commission (First Defendant) Medical Appeal Panel of the Workers Compensation Commission (Second Defendant) Enerka Apex Belting Pty Ltd (Third Defendant) Representation: Counsel: Mr P Stockley (Plaintiff)