Nicholas Loizos v Carlton and United Breweries [FLR]

• Jurisdiction: Northern Territory
• Court: Supreme Court
• Judge: Martin CJ
• Judgment Date: 03 June 1993
• Date: 03 June 1993
• Docket Number: No. AP14 of 1992

(1993) 113 FLR 239

IN THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA

Martin CJ

No. AP14 of 1992

Nicholas Loizos

and

Carlton and United Breweries

Fletcher v Commissioner of Taxation (1992) 37 FCR 288 , referred to.

Work Health Act (NT).

Workers' Compensation Act (NT).

Supreme Court Rules (NT) O83,85.

Legal Aid Act (NT), ss4,33.

Supreme Court Rules (NT), O63.

Costs — Security for costs — Security for costs of appeal; Tribunal to Supreme Court, Supreme Court to Court of Appeal — Special circumstances — Discretion unfettered — Material considerations — Impecuniosity — Importance of legal issues.

Costs — Security for costs — Legal aid — Whether covers security for costs — Relates to costs ordered to be paid to another party to proceedings.

Costs — Interlocutory application — General rule.

JUDGE1

1 Martin CJ The following are the reasons for the decision made on 6 May 1993 refusing an application by the respondent that the appellant provide security for costs of his appeal from the Supreme Court to the Court of Appeal.

Martin CJ

2 The grounds of the appeal relate to the interpretation and application of the Work Health Act and the Workers' Compensation Act to the appellant's circumstances. He claims to have suffered compensable injury at a time when the Workers' Compensation Act was in operation, but his claim was not made until after the Work Health Act commenced, and on the face of it, it was made pursuant to that Act. The questions that arise include that of the compensation to which he is entitled in all the circumstances, including theprocedure adopted by him. Although it is not possible to quantify the number of workers who may be in much the same position as the...