Single v Workers Compensation Nominal Insurer (No. 2) [2018] NSWDDT 11

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Single v Workers Compensation Nominal Insurer (No. 2) [2018] NSWDDT 11 Hearing dates: 14 December 2018 Date of orders: 20 December 2018 Decision date: 20 December 2018 Before: Russell SC DCJ Decision: (1) Order the second defendant to pay the plaintiff's costs on an ordinary basis up to 16 November 2018. (2) Order the plaintiff to pay the second defendant's costs on an ordinary basis from 17 November 2018, including the costs of the further costs argument. Catchwords: COSTS – identification of the event – only issue determined by the Tribunal was a separate legal issue identified by the parties – case appropriate for an order that the unsuccessful party (the plaintiff) on that separate issue pay the costs of the successful party (the second defendant) attributable to that issue. Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Hansen v Monterey (Coolah) Pty Ltd [2012] NSWSC 1383 Jelbarts Pty Ltd v McDonald [1919] VLR 478 Williams v Stanley Jones & Co Ltd [1926] 2 KB 37 Category: Costs Parties: Colleen Elva Single (Plaintiff) Workers Compensation Nominal Insurer (Second Defendant Representation: Counsel: A Giurtalis (Plaintiff) N Prentice solicitor (Second Defendant)

Solicitors: Maurice Blackburn (Plaintiff) Rankin Ellison (Second Defendant) File Number(s): DDT 391/17