[2020] NSWSC 1774

Chhay Lim v Kaybron Pty Ltd (No 2)

(1) The defendant is to pay the costs of and incidental to these proceedings.

Catchwords

CIVIL LAW – costs – no submissions made – no departure from position proposed

[1]
On 22 October 2020, I published a judgment known as Chhay Lim v Kaybron Pty Ltd [2020] NSWSC 1447 (“the principal judgment”). Familiarity with that judgment is assumed for the purpose of what follows.
[2]
The orders I made on 22 October 2020 were these:
1. (1)
  The decision of the Appeal Panel dated 19 August 2019 is quashed.
2. (2)
  The Appeal Panel’s Medical Assessment Certificate bearing the date 16 August 2019 is quashed.
3. (3)
  The matter is to be remitted to the Workers Compensation Commission to be dealt with according to law.
4. (4)
  The defendant has until 29 October 2020 to file written submissions of no longer than 3 pages if it seeks to be heard against an order that “the defendant is to pay the plaintiff’s costs”.
5. (5)
  The plaintiff has until 5 November 2020 to make written submissions in reply to the defendant’s costs submissions.
[3]
At [95] of the principal judgment, I said:
[4]
The defendant, Kaybron Pty Ltd, did not file written submissions in accordance with order (4). I understood this to mean that the defendant did not wish to be heard against an order that would require the defendant to pay the plaintiff’s costs.
[5]
Consequently, and consistent with the reasons set out in the principal judgment of 22 October 2020, I make the following orders:
1. (1)
  The defendant is to pay the costs of and incidental to these proceedings.