Bilson v Vatsonic Communications Pty Ltd; Vatsonic Communications Pty Ltd v Bilson [No 2]

[2024] QCA 220 · Bowskill CJ, Boddice JA and Henry J

In plain language

This decision dealt with the leftover costs and order-correction issues after appeals in a workers' injury case. Mr Bilson was injured and sued both his employer, Vatsonic Communications, and the Townsville City Council, with Vatsonic held 70% responsible and the Council 30%. Because the employer's damages were worked out under workers' compensation law and the Council's under common law, the two damages figures differed ($539,447 against Vatsonic and $590,802 against the Council). The Court fixed a wording error so each defendant only contributes a share based on the correct damages figure.

Vatsonic and WorkCover argued that although Mr Bilson had an indemnity costs order, the workers’ compensation regulation meant those costs still had to be assessed by reference to the ordinary court scale, not the vastly more substantial indemnity basis. In effect, they said s 136 of the Regulation cut down the value of the indemnity order for the claim against the employer. The Court rejected that, holding that the Regulation did not clearly override the UCPR indemnity costs rules, so Mr Bilson’s indemnity costs entitlement remained intact.

The Court split the defendants' shares of his costs and refused the Council's request to make the employer cover all the Council's costs, because that would conflict with the workers' compensation legislation. Mr Bilson recovered his costs in full.

Incident & injury

Injury caused to Mr Bilson; mechanism not detailed in this further-orders costs judgment

Location
Townsville

Quick facts

Date of judgment
12 November 2024
Proceeding
Costs
Plaintiff outcome
Successful
Occupation
Vacuum truck operator (hydro vac truck) Machinery Operator / Driver

Outcome

On further orders following the appeals, the Court corrected order 7 under the slip rule (limiting Vatsonic's contribution to 70% of damages assessed against Vatsonic, $539,447.05), held that WCRR s 136 does not limit Mr Bilson's recovery of indemnity costs of the trial, ordered both defendants to pay his costs (Vatsonic indemnity, Council indemnity at first instance; standard basis on appeal), and apportioned costs 70/30 (trial) and 50/50 (appeals), rejecting the Council's bid for a contractual indemnity from Vatsonic as inconsistent with WCRA s 236B.

Defendants (2)

1 Vatsonic Communications Pty Ltd

Employer (WCRA)

Apportionment
70%
Judgment against this defendant
$539,447

2 Townsville City Council

Occupier (common law)

Apportionment
30%
Judgment against this defendant
$590,802

Contribution orders

  • Vatsonic Communications Pty Ltd ordered to contribute $377,613 to Townsville City Council (Law Reform Act 1995 (Qld) s 6(c) — Council entitled to recover 70% of damages assessed against Vatsonic ($539,447.05 x 70%))
  • Townsville City Council ordered to contribute to Vatsonic Communications Pty Ltd (Law Reform Act 1995 (Qld) s 6(c) — Vatsonic entitled to recover 30% of damages assessed against Vatsonic)

Key issues

📑 Cite this case (AGLC4)

Bilson v Vatsonic Communications Pty Ltd; Vatsonic Communications Pty Ltd v Bilson [No 2] [2024] QCA 220

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