APP Autocare Pty Ltd v Q-COMP [2009] QIRC 58 (2009) 191 QGIG 283

[Extract from Queensland Government Industrial Gazette, dated 10 July, 2009, Vol. 191, No. 9, pages 283-284] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Workers' Compensation and Rehabilitation Act 2003 - s. 550 - appeal to commission APP Autocare Pty Ltd AND Q-COMP (WC/2008/67) VICE PRESIDENT LINNANE 1 July 2009 DECISION [1] On 16 June 2009 I released a decision dismissing this appeal and requiring both Q-COMP and the worker, Ralph Hannant, to provide me with an Affidavit as to costs being sought on the appeal. [2] On 22 June 2009, Q-COMP filed an Affidavit of Carolyn Anne Shedden, an Appeals Officer at Q-COMP. Q-Comp seek costs in the amount of $1,635.00 based on Schedule 3 Scale E of the Uniform Civil Procedure Rules 1999. In circumstances where Counsel appeared on 2 June 2009 for the hearing of the appeal, the costs sought by Q-COMP are not excessive. [3] On 29 June 2009, Solicitors for the worker filed an Affidavit of Mark David Rowbotham. The worker sought to be, and was made, a party to the appeal on 8 April 2009. The worker seeks an amount of $5,590.00 in costs. The claim is also based on Schedule 3 Scale E of the Uniform Civil Procedure Rules 1999. The claim in respect of costs is as follows: Item 5 (a) $3,050.00; Item 6 (e) $ 175.00; Item 6 (f) $ 980.00; Item 6 (g) $ 655.00; Item 8 (a) $ 395.00; and Item 10 $ 335.00. [4] As at 2 June 2009, both Q-COMP and the worker were aware that the Appellant had not complied with Directions. Q-COMP had corresponded with the Appellant's representative on 25 May 2009, advising of its intention to make an application under s. 331 of the Industrial Relations Act 1999 to have the appeal struck out given the Appellant's failure to comply with Directions issued on 13 May 2009. Solicitors for the worker had also forwarded correspondence to the Appellant on 25 May 2009 indicating that the worker would support Q-COMP's application. [5] As and from 25 May 2009, I am satisfied that both Q-COMP and the worker were preparing for an application under s. 331 of the Industrial Relations Act 1999 to be made on the hearing date of 2 June 2009, rather than the substantive hearing. I am thus not prepared to order costs under item 6(g) i.e. Counsel's fees on a subsequent day of hearing. Further in itemising its cost, an amount of $3,050.00 is claimed in respect of item 5(a) whereas the amount in Schedule 3 Scale E is $2,180.00 only. [6] In circumstances where Q-COMP was the Respondent to the appeal and it claimed only $1,635.00 in costs, I am of the view that a claim for $5,590.00/$5,120.00 for the worker's costs is excessive. I am prepared to allow an amount of $3,200.00 for the worker's costs. [7] In the circumstances, I order that the Appellant, APP Autocare Pty Ltd, pay Q-COMP an amount of $1,635.00 in costs within twenty-one (21) days of the release of this decision. I further order that the appellant, APP Autocare Pty Ltd, pay the worker, Ralph Hannant, an amount of $3,200.00 in costs within twenty-one (21) days of the release of this decision. [8] Order accordingly. D.M. LINNANE, Vice President. Hearing Details: 2009 15 April 13 May 2 June 22 June Q-COMP's material 29 June Ralph Hannant's material Appearances: No appearance for the Appellant. Mr S.P. Sapsford, Counsel, directly instructed by Q-COMP. Mr C.J. Murdoch, Counsel, instructed by Rostron Carlyle Solicitors for Ralph Hannant. Released: 1 July 2009 Government Printer, Queensland The State of Queensland 2009. -- 1 of 1 --