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Shamoun v Auto Nexis PL [2008] NSW WCC C79. Mr R. Foggo. 3.10.8. WIM s109 Interest on unpaid costs allowed 10% over one year, $693.50. A: White Barnes.
Power v KP & KB Woolmen PL [2008] NSW WCC C80. Mr J. McDermott. 3.10.8. Clause 45: "To the extent that the Applicant relies upon Helen McGregor e/b Fletcher International Exports PL the Respondent submits, correctly, that it is not clear as to whether the Respondent's travelling expenses were allowed without the report being admitted in the relevant proceedings. Travelling expenses would ordinarily be allowed if a report is admitted. Equally travelling expenses would ordinarily not be allowed if the report is not admitted."
Duncan v RTA, Sungate PL [2008] NSW WCC C77. McDermott. 23.9.8. Assesses $26,785.51."In the circumstances, the Applicant is entitled to an uplift of 50% of $7,778.25 on three occasions. The relevant figure is $11,667.37. When the sum of $7,778.25 is added,the Applicant's total entitlement for professional fees amounts to $19,445.63.This converts to $21,390.19 (GST inclusive).[36]."
El-Abboud v Qantas Airways Ltd [2008] NSW WCC C72 McDermott 8.9.8. References to WIM ss 282, 289 meant worker process premature, warranting Table 1 Item A Col 1, not Item B Col 2.
Markovski v Edmen (Industrial) PL [2008] NSW WCC C73. McGruther. 8.9.8. Urges expression of agreement to costs, in compliance agreement form otherwise merely implicit. Assessed $4372.50 incl, nil assessment costs. A: Milicevic. R: QBE.
Matthew v NIDA Foods PL t/as Suprema Foods [2008] NSW WCC C70. Lancken. 1.9.8. Refs cl 105. "Even though the qualifying doctors were of different specialties it is my view that obtaining multiplicity of reports from three different specialties was not reasonable."
Walford v Chris McLeod Cotton Picking PL [2008] NSW WCC C69 Mr McDermott, arb. 01.09.08. Investigator's fee $1,947.16 rejected for reasonableness. Objector submitted: "... no factual investigations such as surveillance, witness statements of those who are distant locations or hostile or investigations into the practices or conduct of the other party, were carried out by the investigator. The information in the report was collated from the information provided by the Applicant and the Applicant's de facto," and "There has been no itemised invoice provided to substantiate any factual investigations by the investigator". Cited Berger v Moree Plains SC [2005] NSWWCCPD 152. No other dispute, the fund late conceding travel. The delegate said if the investigator claim had been the only dispute, he would have awarded assessment costs to the respondent. Because the worker had succeeded on travel, no order to assessment costs. Costs allowed $9,778.40 incl GST.
Walford v Chris McLeod Cotton Picking PL [2008] NSW WCC C69 McDermott 1.9.8. Investigator: refused for no invoice, traverses solicitor's role re liability, unwarranted commentary and prolix statements.
