Kylie Michelle Reed v Q-COMP and Coles Group Limited

Date of decision: 21 September 2009, Commissioner Thompson

Mr M. Forbes of Murphy Schmidt Solicitors for the appellant

Mr P. O’Neill of Counsel, directly instructed by Q-COMP

Ms R. Pohio of HWL Ebsworth for Coles Group Limited

Key words – Application for costs - Significant sections considered: –

S558(3) Costs of the hearing are in the appeal body’s discretion, except to the extent provided under a regulation

Head Note

Ms Reed filed a notice of appeal in the Queensland Industrial Relations Commission against the decision of Q-COMP to confirm the rejection of her claim for workers’ compensation. During the process of the appeal, her employer, Coles Group Limited applied to be heard in the proceedings. The appeal was listed for hearing on 19 and 20 February 2009.

On 5 February 2009, the appellant indicated that she would be calling an extra medical witness in support of her appeal. Q-COMP applied to the commission to have the hearing dates vacated, given the new reports provided and the necessity to meet the case the appellant was now putting before the commission. The application was granted and the hearing dates were vacated.

On 17 July 2009 the appellant informed Q-COMP that a settlement had been reached with Coles Group Limited and the appeal was being discontinued on the basis that there be no order as to costs. Q-COMP advised the appellant that they would be seeking to recover a portion of the costs thrown away as a result of the vacated hearing dates in February 2009.

The Commissioner stated that, “the usual approach in this jurisdiction for Workers’ Compensation matters is for costs to follow the event and in this matter the conduct of Q-COMP has been such that it would not disentitle it from receiving an award of costs to at least partially offset the substantial costs that had been incurred in performing their statutory role”.

Further that, “despite Q-COMP being ready to go to hearing on the allocated days of 19 and 20 February 2009, they were left with little option other than to vacate the days due to the actions of the appellant…the lateness of the decision to seek to introduce medical evidence is a matter that solely falls at the feet of Kylie Reed”.

An amount of $980 was awarded to Q-COMP as a contribution towards the costs incurred in the preparation to defend the appeal.