The plaintiff sued his employer and another party for damages for personal injuries sustained in the course of his employment. He obtained judgment against his employer, the first defendant, and against the second defendant who was the employer of an individual P. P was found to have been the individual responsible for the plaintiff’s injuries. The defendants had each contended that the other was liable for the negligence of P.
The plaintiff could not obtain an order for costs against the first defendant because the Workers’ Compensation and Rehabilitation Act 2003 prohibited that order being made as his mandatory final offer was less than the eventual award.
At issue was whether the costs against the second defendant in favour of the plaintiff could, and should, extend to those costs that the plaintiff incurred in pursuing the first defendant.
Matthew Hickey appeared for the Second Defendant.