Rafaraci v ACN 000 761 973 Pty Ltd & Ors [2020] NSWDDT 3

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Rafaraci v ACN 000 761 973 Pty Ltd & Ors [2020] NSWDDT 3 Hearing dates: 29 April 2020 Date of orders: 06 May 2020 Decision date: 06 May 2020 Before: Russell SC DCJ Decision: (1) Order that the plaintiff is to have no costs against the fifth and sixth defendants in relation to:

(a) The proceedings against the first defendant;

(b) The plaintiff's Notice of Motion filed on 24 February 2020 and his Amended Notice of Motion filed on 16 March 2020;and

(c) The fifth and sixth defendants' Notice of Motion filed on 26 February 2020 and their Amended Notice of Motion filed on 29 April 2020. Catchwords: COSTS – discretionary order that plaintiff is not to have certain costs Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) Dust Diseases Tribunal Regulation 2019 (NSW), cl 27 Workers Compensation Act 1987 (NSW), s 151AB Category: Costs Parties: Felice Rafaraci (Plaintiff) Employers Mutual Limited (Fifth Defendant) Workers Compensation Nominal Insurer (Sixth Defendant) Representation: Counsel: Mr S Tzouganatos (plaintiff) Mr S Taylor-Jones (Solicitor) (Fifth and Sixth Defendants)

Solicitors: Turner Freeman (Plaintiff) Moray & Agnew (Fifth and Sixth Defendants) File Number(s): DDT 165/2019

Judgment 1. This judgment concerns the appropriate orders to be made in relation to par 4 of an Amended Notice of Motion filed in court on 29 April 2020 by the sixth defendant Workers Compensation Nominal Insurer (WCNI). 2. The long and winding road in these proceedings is summarised below.