Event and Time
Event Description
Ching Tam, a Malaysian resident, brought a negligence claim against Super Season Pty Ltd, following a serious injury that resulted in quadriplegia while picking fruit. Initially filed in 2020, amendments to the claim incorporated the Victorian WorkCover Authority (VWA) as a second defendant due to the deregistration of the plaintiff's employer. In October 2022, the hearing was adjourned, leading to a costs order against the VWA on an indemnity basis for the wasted preparation costs incurred by both the plaintiff and the first defendant.
Application and Claims
- First Defendant (Super Season): Filed a Notice of Motion claiming $87,189.08 for costs associated with the adjourned hearing and requested these costs to be payable forthwith.
- Second Defendant (VWA): Initially did not oppose the gross costs order but sought a discount on claimed costs, arguing that not all costs were wasted.
Judicial Decisions
The court ultimately ruled in favor of both the plaintiff and the first defendant, making gross sum costs orders without applying a discount to the amounts claimed.
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Dispute Points and Legal Basis
Dispute Points
First Defendant's Arguments:
- Claimed to have incurred costs due to the adjournment that were logically fair and reasonable.
- Submitted references to previous cases (e.g., Hamod v State of New South Wales) emphasizing the need for confidence in the estimated costs.
- Asserted that no evidence contradicted the reasonableness of the costs claimed.
Plaintiff's Arguments:
- Joined with the first defendant in seeking the gross costs order.
- Presented detailed accounts of the costs incurred, arguing against any need for expert evidence in determining gross costs.